Hague Agreement on the International Deposit of Industrial Designs

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Hague Agreement on the International
Deposit of Industrial Designs
Short title: Hague Model Convention
Title (engl.): Hague Agreement Concerning the
International Deposit of Industrial Designs
Date: November 6, 1925
Reference: RGBl. 1928 II pp. 175, 203
Contract type: Multinational
Legal matter: Intellectual Property
Signing:
Ratification : 70 member states (November 6, 2018)

Germany: June 1, 1928
Switzerland: June 1, 1928
Please note the note on the applicable contract version .

The Hague Agreement Concerning the International Deposit of Industrial Designs shortly Hague Agreement or HMA is an international agreement in the field of design law and managed by the WIPO administered. Through this agreement, its 65 member states form a special association under the Paris Convention for the Protection of Industrial Property ( Paris Convention).

In contrast to the Madrid trade mark agreement, for example , the Hague Model Agreement is only an umbrella agreement that does not itself contain any specific filing rules. Rather, various, legally independent international treaties were concluded for this purpose within the umbrella agreement, the London Act of 1934, the Hague Act of 1960 and, most recently, the Geneva Act of 1999, whereby the regulations for registration, registration and publication were up-to-date.

The HMA enables design owners to refer to the provisions of the respective files on the HMA and to acquire the national scope of protection of the member states by filing the samples internationally. The HMA does not contain any substantive law, but only creates an international filing procedure. This entry in the international register by the WIPO International Bureau has the same effect as an entry in each designated Member State.

Adaptation of the German design law

On June 18, 2009, the German Bundestag passed two laws on international design protection. The laws bring design law (so-called design law) internationally up to date and create the conditions for the ratification of the Geneva Act. The Geneva Act modernizes the Hague Convention on the International Registration of Industrial Designs. There are currently two draft laws amending the design law in the legislative process.

The design law is to be supplemented by a section that regulates the protection of industrial designs according to the Hague Agreement in all three versions. So far, neither the Design Act nor other laws contained provisions on this. There are primarily regulations on the effect of international registrations, the declaration of refusal of protection and the possibility of withdrawal of protection. In addition, the provisions on the Federal Ministry of Justice's authorization to issue statutory instruments will be adapted and the German Patent and Trademark Office will be amended accordingly in the event that an international application is forwarded by the German Patent and Trademark Office.

Web links

Individual evidence

  1. http://www.wipo.int/export/sites/www/treaties/en/documents/pdf/hague.pdf
  2. http://www.wipo.int/export/sites/www/treaties/en/documents/pdf/hague.pdf
  3. [1]  ( Page no longer available , search in web archivesInfo: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Dead Link / www.bmj.de