The Hague System for the International Registration of Industrial Designs

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The Hague System (in Turkish; La Hey Anlaşması) provides efficiency in design protection worldwide. The Hague System encompasses three main acts: the 1934 London Act, the 1960 Hague Act, and the 1999 Geneva Act. Türkiye has been a contracting party to the 1999 Geneva Act since December 23, 2003.

I. Introduction to the Hague System

The protection of industrial designs is crucial, particularly for international stakeholders. However, registering an industrial design in multiple countries can be time-consuming and costly. To address these challenges, the Hague System was established. This agreement allows applicants to protect their designs in multiple countries with a single application, thereby saving time and reducing costs.

With the 1999 Geneva Act, becoming a contracting party has become more accessible. The application process has been simplified, and the associated costs have been reduced.

II. Eligibility for Application

According to the agreements, both individuals and companies may apply. However, criteria such as nationality, domicile, habitual residence, and industrial or commercial establishment are important. Specifically, applicants must be nationals of a contracting party, domiciled in a contracting party, or have a habitual residence in a contracting party. For example, an English designer residing in Türkiye can apply for industrial design protection using the Hague System. Similarly, a French company with an office in the United States can file for international design registration.

III. Requirements for Application

Mandatory Requirements:

1. Eligibility to Apply

2. Application Form

3. Visual Representation of the Design

4. Indication of the Product

5. Designation of Contracting Parties

6. Payment of Fees

7. Applicant Information

Optional Requirements:

1. Description of the Design

2. Priority Claim

3. Power of Attorney

4. Signature (method)

5. Multiple Designs in One Application

IV. Where to Apply

The system is administrated by the World Intellectual Property Organization (WIPO). Applicants must submit their applications to WIPO. Additionally, the design must be classified according to the Locarno Classification.

V. Formal Examination and Substantive Examination

WIPO conducts a formal examination of the application, while substantive examinations are conducted by the designated countries. If an application is denied by a designated country, the applicant must appeal the decision within that country. In Türkiye, the authority responsible for the protection of industrial rights is TÜRKPATENT.

international registration of industrial designs, the haugue system, industrial rights, industrial design protection

 T. Serkan BUDAK

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