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Print version3. The International model
a. Introduction
Den Hague regulates the system of registration concerning international models with a treaty: the Treaty of Den Hague, relating to the international registration of industrial designs and models. This treaty has been revised on numerous occasions, in particular by the Treaty of London in 1934 and the Treaty of Den Hague in 1960. This system is regulated by the World Organisation for Intellectual property "WIPO" in Geneva.
The system of Den Hague joins a large number of countries, who can be indicated in case of an international registration. Therefore, please note that an international registration does not automatically cover all the contracting states ( contrary to the Benelux-registration). Indeed, with the international system, the applicant has to select those countries in which he wishes to protect his models, for each of these countries a designation tax has been attributed.
An international registration can discharge the regulation of the Treaty of 1934 and/ or the Treaty of 1960. Due to the fact that the Benelux did not participate in the Treaty of 1934, the international registration of a model has to be in accordance with the Treaty of 1960. For the citizens of the Benelux this implies that, with regard to the international registration of a model, none of the countries that were not part of the treaty of 1934 (and not the one dated 1960)can be indicated. In practice, the only important nation that participated in the treaty of 1934 and not in the one of 1960 is Spain.
b. Definition of an international model
It is impossible to give a definition of the criteria to be met by an international model, due to the constant reassessment of these criteria in respect of the national legislation of the designated countries. Fortunately, a majority of all the countries in the world has a more or less identical definition of a model. In this respect, we refer you to our memorandum concerning general information on models.
c. Registration of an international model
An international registration does not require any previous national registrations.
Apart from that, only citizens of a member state of the system, or physical or moral persons owning an actual, reliable industrial or commercial outlet, are entitled to use the system of Den Hague. As a result for example, an American citizen ( the U.S. is not a member of the system of Den Hague) can not file a registration of an international model unless he owns an outlet in one of the member states.
When all these conditions are met, any physical or moral person, including the offices of public authority can ask for an international registration. The application for registration can be executed in French or English or directly with the OMPI (most common) or with the National Office of the Applicant, if allowed, which usually is not the case...
Naturally the international registration can , when possible, claim the priority of a national registration.
Priority for an international registration can also be claimed in the majority of the other countries in the world.
The registration of multiple models is fully accepted.
An international registration can contain up to 100 models, but contrary to the Benelux registration, all models up for registration have to be destined to be used in objects belonging to the same class, within the international classification for designs and models (classification of Locarno).
d. Supervision
1. Control of the formal motives.
The OMPI checks whether or not the registration is in accordance with the rules and regulations for execution, especially regarding the photographs or graphical representations of a model. They will also check other formal requirements that have to be met by the registration, in particular checking payment of the official taxes, the reception of a power of attorney, the correct and complete description of one or more models, etc. ... The applicant will be informed of any irregularities and will be given three months for the regularisation. If the model meets all the formal requirements then the OMPI will register the application, attribute a registration-number and a date of registration. Subsequently, the functionary will be sent a registration-certificate and the model will be published in the official magazine. This publication can be delayed on request of the applicant over a period of maximum 12 months as of the registration of the international model or when priority is claimed as of the priority date.
2. Study of the relative and absolute motives for refusal.
The application will consequently be addressed to the national administration of each designated country, where you wish to obtain protection of your model.
The administration of a contracting state, where the national legislation demands an administrative study or an opposition procedure for third parties, can then notify the OMPI that they refuse a protection on their territory since it does not meet the requirements of the national legislation. Each refusal will be communicated to the applicant, who disposes of the exact same legal remedies against this decision as the applicant of a national model. In practice, these refusals do not occur often.
e. Duration
The international registration is executed for an starting period of five years. Part of the models and some in total can be renewed for a period of five years ( minimum protection of 10 years). Furthermore, if the national legislation of a contracting state provides a protection-period of more than ten years (which is often the case, for example the countries of the E.U. such as the Benelux, France, Germany or Italy nowadays are providing a period of 25 years), the international registration of this state can be renewed with subsequent periods of five years until the expiry of the full length previewed for national models.
ENCLOSURE 1 : INFORMATION EN DOCUMENTS NEEDED FOR REGISTRATION
The information and documents needed to execute the registration of a model are the following:
- Name and address of the applicant, mentioning the judicial form in case the applicant is a company.
- A power of attorney, signed by an authorised person, mentioning the name and function of the undersigned.
- Representations of the model (photographs or designs) of very good, professional quality.
- A good, description of the model as complete as possible.
- Each information regarding a priority, including date, number, country of registration and a legalised copy of the certificates concerned, if OFFICE VAN MALDEREN was not authorised for this priority registration.
Revised in London (1934) and Den Hague (1960), amplified by the enclosed Treaty of Monaco (1961)ii, the completed Treaty of Stockholm (1967) and the protocol of Geneva (1975)iii, modified in 1979.
(Treaty of Den Hague)
Situation on 15 January 2002