International Registration and Date of the International Registration

Hague Article 10

International Registration, Date of the

International Registration, Publication and Confidential Copies of the International

Registration

(1) [

International Registration

] The

International Bureau shall register each industrial design that is the subject of

an international application immediately upon receipt by it of the international

application or, where corrections are invited under Article 8, immediately upon

receipt of the required corrections. The registration shall be effected whether or

not publication is deferred under Article 11.

(2) [

Date of the International

Registration

]

(a) Subject to subparagraph (b), the date of the

international registration shall be the filing date of the international

application.

(b) Where the international application has, on

the date on which it is received by the International Bureau, an

irregularity which relates to Article 5(2), the date of the international

registration shall be the date on which the correction of such irregularity

is received by the International Bureau or the filing date of the

international application, whichever is the later.

*****

Hague Rule 15

Registration of the Industrial Design in the International

Register

(1) [

Registration of the Industrial Design in

the International Register

] Where the International Bureau finds that

the international application conforms to the applicable requirements it shall

register the industrial design in the International Register and send a

certificate to the holder.

(2) [

Contents of the Registration

]

The international registration shall contain

(i) all the data contained in the international

application, except any priority claim under Rule 7(5)(c) where the date of

the earlier filing is more than six months before the filing date of the

international application;

(ii) any reproduction of the industrial design;

(iii) the date of the international

registration;

(iv) the number of the international

registration;

registration shall contain

(i) all the data contained in the international

application, except any priority claim under Rule 7(5)(c) where the date of

the earlier filing is more than six months before the filing date of the

international application;

(ii) any reproduction of the industrial design;

(iii) the date of the international

registration;

(iv) the number of the international

registration;

(v) the relevant class of the International

Classification, as determined by the International Bureau.

Hague Article 5

Contents of the International

Application

*****

(2) [

Additional Mandatory Contents of the

International Application

]

(a) Any Contracting Party whose Office is an

Examining Office and whose law, at the time it becomes party to this Act,

requires that an application for the grant of protection to an industrial

design contain any of the elements specified in subparagraph (b) in order

for that application to be accorded a filing date under that law may, in a

declaration, notify the Director General of those elements.

(b) The elements that may be notified pursuant to

subparagraph (a) are the following:

(i) indications concerning the identity of

the creator of the industrial design that is the subject of that

application;

(ii) a brief description of the reproduction

or of the characteristic features of the industrial design that is the

subject of that application;

(iii) a claim.

(c) Where the international application contains

the designation of a Contracting Party that has made a notification under

subparagraph (a), it shall also contain, in the prescribed manner, any

element that was the subject of that notification.

*****

If the International Bureau determines that the international

design application conforms to the applicable requirements, it will register the industrial

design in the International Register. See Article 10(1) and Rule 15

ntracting Party that has made a notification under

subparagraph (a), it shall also contain, in the prescribed manner, any

element that was the subject of that notification.

*****

If the International Bureau determines that the international

design application conforms to the applicable requirements, it will register the industrial

design in the International Register. See Article 10(1) and Rule 15. Pursuant to Article

10(2), the date of international registration will be the international filing date (see

MPEP §

2906

) unless there is an applicable requirement under Hague

Agreement Article 5(2) that has not been satisfied, in which case the date of international

registration will be the date that a timely correction satisfying the outstanding

requirement(s) of Article 5(2) is received, or the international filing date, whichever is

later.

Hague Agreement Article 5(2) sets forth additional mandatory

elements of an international design application that may be required by certain Contracting

Parties. Where the international design application contains the designation of a

Contracting Party that has notified the International Bureau that it requires an element

under Article 5(2), then the international design application must contain that element.

The additional elements that may be required under Article 5(2) are: (1) an indication

identifying the creator of the industrial design; (2) a brief description of the

reproduction or of the characteristic features of the industrial design; and (3) a

claim.

If the international design application does not comply with

the applicable requirements, including any missing element required under Article 5(2), the

International Bureau will invite the applicant to remedy the defect within a prescribed

time limit. See Rule 14(1)(a) and (b)

(2) a brief description of the

reproduction or of the characteristic features of the industrial design; and (3) a

claim.

If the international design application does not comply with

the applicable requirements, including any missing element required under Article 5(2), the

International Bureau will invite the applicant to remedy the defect within a prescribed

time limit. See Rule 14(1)(a) and (b). Where the defect relates to a missing requirement

under Article 5(2), or to a special requirement notified to the International Bureau in

accordance with the Regulations under the Hague Agreement (e.g., the requirement for an

oath or declaration of the creator pursuant to Rule 8), the failure to timely comply with

the invitation will result in the international design application being deemed not to

contain the designation of the Contracting Party concerned. See Article 8(2)(b).

[top]