Belarus has become a member of the Hague System for the International Registration of Industrial Designs

On July 19, 2021, the Republic of Belarus became a member of the Hague System for the International Registration of Industrial Designs.

The system is based on the Hague Agreement Concerning the International Registration of Industrial Designs, which currently exists in the form of two instruments – the Hague Act of 28 November 1960 and the Geneva Act of 2 July 1999 (which the Republic of Belarus joined and became its 66th Contracting Party). Each of these instruments is a separate international treaty and is valid only for the Contracting Parties involved. A complete list of Contracting Parties in both acts can be found here. Together with the Republic of Belarus, the Hague Union currently includes 75 members and comprises 92 states around the world.

From now on, to register industrial designs in all or some member states of the Hague system (including their own country), Belarusian applicants can file just one international application including up to 100 designs in the same class of the International Classification for Industrial Designs, in one language (English, French or Spanish), paying a single set of fees in one currency (Swiss Francs) to one organization - WIPO. No prior filing of a national or regional design registration application with any member of the Hague Union is required. The application is sent directly to WIPO through the electronic filing system eHague or (after filling out the official WIPO form on paper) through Contact Hague or by mail (in some states, unlike the Republic of Belarus, you can also file an international application through a national IP office). Similarly, Belarus can be designated in applications from other members of the Hague system.

In the case of an international application filed directly with WIPO, the date of registration is generally the date on which WIPO receives the application. Six months after the date of the international registration, the latter is published in the International Designs Bulletin, unless the applicant has requested immediate or, conversely, deferred publication (depending on their chosen strategy and readiness to enter the market). However, it should be taken into account that in respect of some parties to the Hague system (including Belarus), according to the reservation they have made, deferred publication can not be applied.

Once the international registration has been published, the IP Office of each Contracting Party designated in the application may independently decide whether or not to grant legal protection for the international design under its laws. The time limit for notifying WIPO of a refusal to grant such legal protection is 6 (including Belarus), in some cases - 12 months of the date of publication of the international registration. After receiving a notification of refusal from WIPO, the holder of the international registration takes steps to overcome the refusal by contacting the IP Office concerned directly.

The duration of protection under the Hague system is at least 15 years (initially registration is for 5 years, and this period can be extended twice each time for 5 years). The laws of individual Contracting Parties provide for a longer period of protection. In this case, the international registration is extended until the expiry of the maximum possible period in a particular Contracting Party. You can find out more about the terms of granting legal protection to industrial designs in all members of the Hague System here.

The Hague System facilitates the management of an international design registration. In particular, applications for amendments to the international registration (change in ownership data, refusal of protection in all or some designated Contracting Parties, etc.) are sent to one IP Office (WIPO), one official form is used and one fee is paid. The completed application form is submitted through Contact Hague. In addition, you can regulate the number of designated Contracting Parties and the list of protected industrial designs when renewing the registration through eHague.

To find out more about the Hague System and how it works, visit the WIPO website.