The Hague Agreement on the International Registration of Industrial Designs or Models establishes an international registration system – the Hague System – which makes it possible to protect industrial designs or models in various States and intergovernmental Organizations that are part of it (the Contracting Parties), through a single international application filed with the International Bureau of the World Intellectual Property Organization (WIPO), simplifying application submission formalities. It should be noted, however, that the conditions for the protection of designs or models of each of the Contracting Parties are those applicable to those Contracting Parties, with the exception of those provided for in the Agreement itself.
It is important to note that the Hague Agreement consists of three international Treaties (although only two of the Acts are operational, the Geneva Act of July 2, 1999 and the Hague Act of November 28, 1960, being the application of the London Act of 2 June 1934 suspended), the Contracting Parties having adopted one or more of the Acts, since this has implications either as to who may claim protection or as to where protection of the Contracting Parties may be obtained.
Portugal is not a Contracting Party to the Hague Agreement on the international registration of industrial designs or models.
The European Union, however, acceded to the Geneva Act of 1999 of the Hague Agreement concerning the international registration of industrial designs or models on 24 September 2007, which entered into force on 1 January 2008, making it possible for Portuguese citizens or for domiciled or habitually resident in Portugal citizens and companies with an effective and reputable industrial or commercial establishment in Portugal to benefit from the Hague System, since Portugal is a member state of this intergovernmental organization which is a Contracting Party, the European Union.
Brazil has now become the youngest Contracting Party of this System.
After having acceded to the Geneva Act of the Hague Agreement concerning the international registration of industrial designs or models, adopted in Geneva on 2 July 1999 and having deposited the instrument of accession with the World Intellectual Property Organization (WIPO) in February 13, 2023, now published ORDINANCE/INPI/PR No. 25, OF JULY 3, 2023, which provides for the registration of industrial designs or models under the Hague Agreement, which allows the Hague System to enter into force for Brazil on August 1, 2023.
Currently, the Hague Agreement has a total of 79 Members.
A.G. da Cunha Ferreira, Lda is at your disposal to assist you in case you wish to file an application for an international industrial design or model), contact us.
29 August 2023