Any legal person or person with a connection to a contracting party can apply for a design, either by the establishment, the residence, the nationality, or by the usual residence. Two acts of the Hague Convention are currently in force: the Geneva Act (1999) and the Hague Act (1960). The filing of a single application for design by habitual residence applies only to contracting parties under the 1999 Act, who are most of the parties. The corporation or corporation can accommodate up to 100 designs in a single international design application, provided they all belong to the same Locarno class. The design application includes at least one reproduction of the design and the name of at least one contracting party. The Hague agreement provides for a system in which a single design application provides access to design protection to more than 68 contracting parties, which can offer protection in up to 81 countries through the International Office of the World Intellectual Property Organization (WIPO). Update of the Hague Agreement On 13 March 2018, the United Kingdom tabled its ratification instrument as a member of the Design Agreement, which comes into force on 13 June 2018. In addition, on July 23, 2018, the Canadian government tabled its instrument of adherence to the Geneva Act of the agreement, which will come into force on November 5, 2018. In summary, the Hague agreement will continue to apply for membership of new members and, given the integration of Mexico`s international trade in its patent monitoring, Mexico could be, in a given opinion, one of the new members that will be included in the Hague agreement in a very short period of time. It should be noted that after the publication of a design application, the Office of each designated contracting party applies its criteria for the reproduction of the design and conducts a physical review on the basis of local legislation for the establishment of a registry or the rejection of an application. Although the Hague agreement is an international treaty, the register or refusal depends on the jurisdiction of the court under the legislation of each party.
What does a design cover? Postponement of publication and sovereignty of the mandated parties After an application for a design has been submitted and assuming that it meets all the needs of a formal review, the international office publishes the corresponding registration in an international newsletter of designs whose publication may be postponed for a period of 12 to 30 months from the date of filing or, if the priority is claimed, from the priority date of the application concerned, depending on the act of the designated party. Why postpone a project publication? In certain circumstances, it is important to keep the design confidential prior to launch or to allow, as a “secret state of technology” and/or taking into account all non-member countries of the agreement, to defer third country design requests with Member States as a possible IP strategy. A design can be subdivided into two main groups: industrial models composed of three-dimensional features and industrial designs, oriented towards two-dimensional characteristics as well as lines and colors covering the ornamental or aesthetic aspect of an article or product.