As a general rule, industrial design protection is limited to the territory of the country where protection is sought and granted. If you want to protect your industrial design in multiple countries, you must file separate applications and adhere to different procedures in each country.
The Hague Agreement concerning the International Registration of Industrial Designs is an international treaty administered by WIPO that provides a streamlined option for registering industrial designs in multiple countries. The Agreement allows citizens, residents, or businesses established in member countries of the Agreement to obtain protection for industrial designs in several countries through the following procedures:
- A single “international” application.
- One language (English or French).
- A single fee payment.
- In one currency.
- Filing with one office (either directly with the International Bureau of WIPO or, in specific cases, through the office of a Contracting Party).
The international registration of an industrial design enjoys the same protection as an industrial design granted in the Contracting Party’s territory, except for refusals provided for by the law. Therefore, international registrations of industrial designs have the same scope of protection and enforcement as national industrial designs. Additionally, international registrations of industrial designs support the ease of maintaining protection, with only one renewal fee and simplified procedures for recording changes, such as changes in ownership or address.
