DESIGN PROTECTION:
Designs can be filed on a national level, using a supranational right like the Registered Community Right (“RCD”) or using the Hague System.
Currently, the Hague System for the International Registration of Industrial Designs provides a filing system for registering up to 100 designs in 79 contracting parties covering 96 countries, through the filing of a single international application.
Contrary to the international registration of a trademark through the Madrid System, no basis application or registration in one of the contracting parties is required.
While trademarks can be filed at any time, one of the most important requirements for designs is novelty. Therefore, applicants must carefully prepare their filing strategy before filing in order to avoid office actions and refusals in the designated countries.
The substantive examination is governed by the national Offices of the designated countries according to their national design law. These requirements vary from country to country.
However, if the applicant complies with a number of the national requirements, the Hague System is a very convenient and simple procedure for the filings of designs in a number of countries.
Click on a country to view information....
The primary target of the Design Tracker is to provide a broad overview. In order to obtain full and clear information about the protection of designs in a specific country, you should consult a legal expert for each particular case.
The questions raised for each country have been selected by the Designs Team and have been answered by legal experts admitted in the respective jurisdiction.
The aim is to update the information contained in the Design Tracker on a regular basis. However, we cannot exclude that for instance because of a change in law or amended case law information may be outdated.
MARQUES and the contributors to this Design Tracker do not accept any liability in case of any use other than information and education.
