2907 International Registration and Date of the International Registration [R-07.2015]
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;
- (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. 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). 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).