table of contents
1. Direct application
You can file applications directly in each country in which you wish to obtain a design right.
In the case of direct applications, application documents must be prepared in the language and format of each country to which the application is filed, and post-application management (procedures for change of address, renewal procedures, etc.) must also be done separately for each country, which has the disadvantage of being time-consuming.
In addition, when filing design applications in multiple countries, if you file in a country or region (such as the EU) where the application is published immediately after filing, the novelty will be lost there, so it is necessary to plan the application based on the assumption that you will claim priority.
2. International Design Applications under the Hague Agreement
The Hague Agreement is a system for international applications and registrations of designs that centralizes the application procedures that occur in each country, enabling you to obtain the same results as if you had applied in each designated country by filing a single application with the International Bureau.
≪ Merit ≫
Applicants can file in a single language of their choice from English, French, or Spanish, reducing the burden of translation. As with international trademark applications under the Madrid Protocol (hereinafter referred to as "Madrid Protocol applications"), there is no need to file through a local agent, reducing costs*1. In countries that do not require examination, registration is granted within 6 or 12 months of international publication, and in countries that require substantive examination, the examination result (registration or refusal) is issued at the latest within 12 months. In addition, registrations can be renewed all at once, making renewal management easier.
*1 However, if you wish to respond to a refusal notice, you will need to designate a local representative.
The procedure has also been simplified in that there is no need to go through national phase procedures, as with international patent applications (PCT), and there is no need to base the application on a Japanese application, as with Madrid Protocol trademark applications.
Disadvantages
Applications cannot be filed in Japanese. In principle, the design will be published in the International Gazette six months after the date of international registration (extendable in some countries, up to 30 months in Japan*2), regardless of whether it is registered or not. At this time, not only the contents of the rejected application but also the reasons for refusal and the contents of similar prior designs that were cited are published, which is a major disadvantage in terms of design application strategy (on the other hand, in principle, only registered designs are published in Japanese applications). Unlike Japanese applications, there is no secret design system (designs are not published for up to three years after registration).
*2 If the designated countries include a country that does not grant an extension of the publication period, the extension will not be granted unless the designation of that country is withdrawn.
More information about Hague design applicationsCLICK HERE .
3. Design applications under the European Community design system
Filing an application under the European Community Design System allows you to obtain protection in all European Community member states with a single application.
Because the rights are centralized, there are some disadvantages, such as the fact that if the registration is revoked it will lose its effect throughout the European Community, and that centralized rights cannot be transferred on a national basis. However, there are also advantages, such as a significant cost advantage over filing directly in each country, and the ease of renewal management, etc.
For more information about the European Community Design SystemCLICK HERE .