The Hague System: One Design Filing, Multiple Countries

We talked about the Hague System a bit in our guide to industrial design in different countries. The Hague System is a way that helps people who filed a design in the United Kingdom, Singapore or the United States to also protect their design in countries that are part of the Hague System. This way they do not have to start over again. The Hague System is important. It needs its own explanation because there are a lot of details to understand, like how it works and who can use it. For the people who work with PATHtoIP there is something to know: India is not a part of the Hague System right now.

What the Hague System Actually Is

Administered by WIPO the Hague System allows an applicant to file one application in one language with one set of fees in Swiss francs to get design protection in as many of its member countries (“contracting parties”) as they want up to 100 designs per application as long as they are in the same Locarno classification. Of making separate filings with separate formalities for each country the applicant selects the countries they want to cover in one filing with WIPO.

It currently covers around 90+ countries and regions including the European Union (as one designation) , the United Kingdom, the United States, Japan, South Korea and Canada to name a few.

Who Can Actually File Under Hague

The Hague System is a closed system, it isn’t open to just anyone. To be eligible to file, an applicant must meet at least one of the following, tied to a Hague member country:

• Be a national of a contracting party (or a member state of an intergovernmental organization that is a contracting party, like the EU)
• Have a domicile or habitual residence in a contracting party
• Have a real and effective industrial or commercial establishment in a contracting party

There’s no requirement to have already filed a national design application before using Hague, it can be an applicant’s very first filing anywhere.

How the Process Works

Filing. The application is sent directly to WIPOs International Bureau using the eHague platform. In some situations it is sent indirectly through an regional IP office that allows it.

Formal examination only: The World Intellectual Property Organization checks the application to make sure it meets all the requirements that the correct fees are paid and that the design representations are good enough. However the World Intellectual Property Organization does not check if the design is really new or not. The World Intellectual Property Organization leaves that part to the countries that the application is made to; they are the ones who decide if the design is new or not.

Recording and publication: When all the formal things are done the design is put into the International Register. Then it is published in the International Designs Bulletin. This usually happens six months after the design is registered. This is because many countries keep designs secret for about six months.. People can ask for their design to be published earlier if they want to. The design is recorded in the International Register. This is an important step for the International Designs Bulletin.

National-level review: When something is published the offices that deal with property in each country get a chance to look at the design. They have an amount of time, usually between 6 and 12 months, to decide if the design is okay according to the laws of their country. If they do not say no to the design during this time then the design is safe, in that country. The intellectual property offices have to check the design to see if it meets the requirements of their country. If the intellectual property offices do not say anything that means the design is protected in that country.

Cost Structure

Hague applications involve three fee types, all paid in Swiss francs directly to WIPO:

• A basic fee (higher for the first design, lower for each additional design in the same application)
• A publication fee (based on the number of design reproductions and pages)
• A designation fee for each country where protection is sought, either a standard fee or, for some countries, an individual fee set by that country

This single-currency, single-payment structure is one of the System’s practical advantages,  no juggling separate national fee schedules and payment methods for each country.

Duration and Renewal

Protection under a registration lasts for an initial time period. This can be renewed in five-year steps. In every country that is listed the minimum protection that is guaranteed is at 15 years. This can be extended up to the time allowed by the laws of that particular country. Renewals are managed in one place through WIPO. One request for renewal and one payment can cover some or all of the designs and the listed countries in one registration. This means there is no need to renew separately in each place.

The India Gap

This is the thing that PATHtoIP clients need to know: India has not joined the Hague Agreement. This means that people from India or companies based in India cannot file their designs directly through the Hague System now.

There is a way around this problem. It is not the Hague Agreement but the Paris Convention. Since India is part of the Paris Convention, someone from India can file a design application in India first. Then claim priority when they file in other countries that are part of the Hague Agreement within six months. This is a solution but it is a bit different and the deadline is shorter than the deadline for patent applications so it is better to plan ahead.

India is also making some changes to its design laws, which might help it join the Hague Agreement in the future. The Designs Act in India is being updated, which could make it possible for India to join the Hague Agreement. This is something that PATHtoIP clients should keep an eye on especially if they are working on design projects.

How PATHtoIP Helps

Because India is not part of the Hague System now creating an international design strategy for an Indian client is not just, about picking more countries it means going through the Paris Convention priority keeping track of the shorter six-month design deadline and understanding which countries can truly be reached through the Hague System once a client or a group company has the right to use it. PATHtoIP helps show this before filing instead of finding out after a deadline has already passed.

Have a design you want protected in multiple countries?

Stay connected with PATHtoIP for the latest insights on patents, trademarks, copyrights, innovation, and IP strategy. Follow us on LinkedIn, Instagram, Facebook, X , Pinterest, YouTube, and Quora for expert guidance, industry updates, case studies, and practical tips to protect your innovations.