sub -regionalseminar on the protection of design filesub -regionalseminar on the protection of...

SubSub--RegionalRegional SeminarSeminar on the Protection of Designon the Protection of Design

OrganizedOrganized byby

the World the World IntellectualIntellectual PropertyProperty OrganizationOrganization (WIPO) (WIPO)

in in cooperationcooperation withwith

the the IntellectualIntellectual PropertyProperty Office of Office of SerbiaSerbia

Belgrade, Belgrade, JuneJune 27 and 28, 201127 and 28, 2011

Päivi Lähdesmäki, Head, Legal Section

International Designs Registry

The International Protection of Designs

Contents:

Role of the International Bureau

Role of the Office of a Designated Contracting Party

Central management of the International Registration

Role of the International Bureau

● Formal examination (are the formal requirements met?)

● Registration and recording in the International Register

● Translation and Publication in the International Designs Bulletin

● “Notification” to Designated Contracting Parties

(through the publication of the Bulletin on WIPO website)

Effects of the international registration at this stage

● Same effect as a regularly filed national application in all

Designated Contracting Parties

Role of the International Bureau (cont.)

Substantive grounds, such as novelty, not considered by the

International Bureau

Registration certificate sent to holder

Publication in WIPO International Designs Bulletin

Immediate publication at applicant’s request

Deferred publication and payment of related fees at applicant’s

request

General rule: « Default » publication (six months from the IR

date)

Refusal period in respect of all the designated

Contracting Parties starts from the publication

date.

Acceptable ReproductionsAcceptable Reproductions

Role of the Office of

a Designated Contracting Party

Substantive examination, if any, undertaken by the Office of a designated Contracting Party as provided by its national law

Refusal must be sent to the IB within the set time limits from the date of publication of the international registration

Holder has same remedies as would have been available if filed as a national application

If not refused, or if refusal withdrawn, the IR produces the same effect as a grant of protection under the national law

substantive substantive

examinationexamination

““refusalrefusal””

““withdrawalwithdrawal”” ??

Local agentLocal agent

RefusalRefusal: : MechanismMechanism

HolderHolder

InternationalInternational

BureauBureauOffice of aOffice of a

designateddesignated CPCP

Central Management of

the International Registration

ONE request filed within the International Bureau in

case of:

● Change in ownership

● Change in the name or address of the holder

● Renunciation

● Limitation

ONE renewal request (e-renewal since 23-12-10)

Central Management of

the International Registration (cont.)

« Tailor-made » renewal

Example:

- Renewal of design No. 1 for BX and MK

- Renewal of design No. 2 for EU and BA

- Renewal of design No. 3 for IT

« Tailor-made » assignment

Example:

- Assignment of design No. 1 for AL

- Assignment of design No. 2 for SI and ME

The E-Filing Interface:

How Easy it is to File Internationally

Mandatory Contents

Additional Mandatory Contents

Optional Contents

E-Filing

http://www.wipo.int/hague/en/forms/intermediate.html

Mandatory Contents

Additional Mandatory Contents

Additional Mandatory Contents

Information concerning the identity of the creator

(Bulgaria, Finland, Ghana, Iceland, Romania or Serbia);

Brief description of the reproduction or the characteristic

features of the industrial design (Romania or the Syrian

Arab Republic).

Optional Contents

Optional Contents

Appointment of a representative;

Priority claim of an earlier application;

International exhibition priority.

Where to find more information on

the Hague system?

Resources/Tools (www.wipo.int/hague)

Legal Information

Guide + Legal Texts

Common Regulations and Administrative Instructions

WIPO-LEX (feature all IP-relevant treaties on-line) (Sept. 2010)

Tools

Locarno International Classification

Online Fee Calculator

Forms (DM/1+Inf. – DM/8) (E-filing)

Declarations made by CPs + Maximum duration of years of protection

Bibliographic data (Standard ST.80) + Country Codes (Standard ST.3)

International Designs Bulletin (monthly)

Hague Express Database (all registrations as from 1999)

Resources/Tools (2)

Information

Hague News (subscribe to E-Alert)

Information Notices (subscribed to E-Alert)

Extracts Unit

Seminars + Meetings

Customer Service

I have a question...

www.wipo.int/contactcontact

[Your question here.]

International

Trademark

and Design

Registrations