Registered Design Applications: The Hague System vs. National Applications

If you’re looking for international protection for your design, you have two main options:

1. You can file individual design applications with the intellectual property offices in each country you’re interested in.
2. Alternatively, you can submit one design application through the Hague system, which allows you to select multiple countries for protection.

Applying Directly for Registered Designs

The first option is to apply directly to the national office of each country where you want protection. This method allows you to adjust your application to meet the specific rules of each country, which might help speed up approval in countries that offer expedited examinations.

However, while this approach can seem straightforward, it does come with a heavier administrative workload, especially if you need protection in many countries. You’ll need to manage each application separately, which can take more time and cost more, particularly when dealing with several jurisdictions.

The Hague System

The second option is the Hague System. This system allows you to submit one international application to the World Intellectual Property Organization (WIPO). It simplifies the process by allowing you to seek protection in multiple member countries with just one application, one language, and a single set of fees.

Advantages of the Hague System

1. You can manage all your design registrations centrally, handling renewals and modifications through a single application rather than dealing with multiple national processes.
2. If you’re seeking protection in several countries, the Hague System can be more cost-effective by eliminating translation and local counsel costs.
3. You can include up to 100 designs in one application, potentially saving time and reducing the complexity of managing numerous applications.

Disadvantages of the Hague System

Despite its benefits, the Hague System does have some challenges. A key issue is that countries do not have the same standards for design drawings. Designs that meet UK requirements might not be accepted elsewhere, which could require you to instruct local counsel to ensure everything is compliant and to deal with any objections. This can reduce some of the cost benefits the Hague System offers.

Additionally, while the Hague System can reduce certain expenses, such as translation and local counsel fees, overall costs can vary significantly based on the number of designs, designated countries, and potential complications during examination.

In summary, deciding on registered design applications involves weighing these two options carefully. The Hague System offers a more streamlined method for registering designs across many countries, while direct national applications provide more tailored compliance. Each approach has its advantages and disadvantages, therefore it’s important to consider your specific needs and seek expert legal advice.

For more information or to discuss your options further, please drop us an email or give us a call and we will be happy to arrange a free consultation with one of our specialist IP lawyers.