Who May File An International Design Application

Hague Article 3

Entitlement to File an International

Application

Any person that is a national of a State that is a

Contracting Party or of a State member of an intergovernmental organization that is a

Contracting Party, or that has a domicile, a habitual residence or a real and effective

industrial or commercial establishment in the territory of a Contracting Party, shall be

entitled to file an international application.

Pursuant to Article 3 of the Hague Agreement, to be entitled

to file an international design application, a person must: (1) be a national of a

Contracting Party or of a State that is a member of an intergovernmental organization that

is a Contracting Party; or (2) have a domicile, habitual residence, or real and effective

industrial or commercial establishment in the territory of a Contracting Party.

Article 1(ix) of the Hague Agreement defines a “person” as a

natural person or a legal entity, and Article 1(xiii) defines a “Contracting Party” as a

State or intergovernmental organization that is a party to the Hague Agreement.

A list of the Contracting Parties to the Hague Agreement is

maintained on the website of the World Intellectual Property Organization (

www.wipo.int/

hague/en/members/

).

[top]