The international registration of industrial designs is governed by the Hague Agreement. This Agreement allows industrial designs to be protected in several countries with minimum formalities. The execution of this Agreement is laid down in the Common Regulations. As per 1 January 2022, some amendments have been made to those Common Regulations aimed at providing the user with greater flexibility and control in timing the publication of international registrations. This has been done to better suit business needs.
What has changed?
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Amendment |
Explanation of the new rule |
Reason for amendment |
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Rule 5: Excuse of Delay in Meeting Time Limits - force majeure |
You can request a grace period if you are unable to meet the deadline for reasons of force majeure, such as consequences of the COVID-19 pandemic for instance. The new rule introduces a general principle that if you are unable to meet a time limit, you may be granted a grace period if you provide evidence to the satisfaction of WIPO that your inability to meet the deadline was due to force majeure. You will have to complete the relevant action as soon as possible and not later than six months after the expired time limit concerned. |
The previous rule was only applicable in a very limited number of cases.
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Rules 17 and 37: Publication of the International Registration - extension of the standard publication time |
The default "standard publication" time for international registrations has been increased from six to twelve months after the date of registration. Alternatively, you may still continue to select "immediate publication" (i.e., shortly after your international registration has been recorded). In addition, a new option has been introduced which allows you to request earlier publication at any time prior to the standard publication of your international design registration. |
As an applicant, this gives you more time to plan and organise your marketing strategy, whilst keeping your designs confidential.
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Rule 21: Recording of a Change in Ownership |
A request to record a change in ownership must be presented and signed by the new owner of the international design registration. The request must be accompanied by a transfer document or any other document sufficient to prove the change in ownership. |
This amendment aims to make it easier for a new owner to request the recording of a change in ownership. The previous provision posed a significant burden on new owners in situations where the signature of the holder could not be obtained. |
Further information
Further information about these changes can be found on the WIPO website.