Hague Agreement

The Hague System for Registration of International Designs.

The Hague system provides for a streamlined and cost-effective process to obtain design rights through a single application, filed at WIPO, in one language, with one set of fees. Registration results in a single registration effective in multiple designated countries or regions, making it both time and cost-efficient. The Hague System currently includes 77 countries and two intergovernmental organisations i.e. the European Union (EU) and the African Intellectual Property Organisation (OAPI). This expands coverage of the Hague System to 96 countries in total. Nine African countries are signatories to the Hague Agreement as well as OAPI which has seventeen member states. Of the nine individual member countries, 5 are members of ARIPO, which has an efficient and effective design registration system covering all 20 ARIPO member states. Current Hague Member countries are highlighted on the map below with OAPI and ARIPO countries in separate shading for ease of identification.

Applications are filed in English, French or Spanish, either directly at the International Bureau, or indirectly through a member state/organisation’s office (unless the member state has renounced the obligation to be a receiving office for international applications).

The International Bureau examines applications for compliance with the formal requirements. Applications which meet the formality requirements are recorded in the International Register and published in the International Designs Bulletin six months after registration.

Each designated state must identify the design registrations in which it has been designated to conduct substantive examination in accordance with its domestic legislation. If protection is refused, the International Bureau must be notified within six months from the publication date of the International Registration. If no refusal is issued, it is deemed that the application is protected.

International registrations are valid for an initial period of 5 years, which can be extended for further 5-year periods, subject to renewal and to the total term of protection allowable by each contracting party’s respective domestic laws.

The benefits of the Hague system to design proprietors are obvious and extensive. However, there are concerns over enforceability of International Designs in some countries in Africa which have not domesticated the provisions of the Hague Agreement into their national laws and/or where processes at a national level are not being followed within the stipulated timelines.

For more information on designs in any countries in Africa please click here.

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