The Hague Agreement Concerning The International Deposit Of Industrial Design

The Canadian Intellectual Property Office (CIPO) no longer requires the provision of transmission documents containing an application for registration of a design transfer, but only requires the name and address of the transferee, as well as the prescribed registration fee. However, this only applies if the transfer is requested by the transferor. If the buyer makes the request, proof remains necessary. In addition, the regulations no longer require applicants to file a title, description and complete mailing address at the same time as their application in order to secure a filing date. On the contrary, the Hague System simply requires the applicant to clearly indicate that registration of a professional design is sought, that there is sufficient material to identify the applicant, that there is sufficient contact information to contact the customer, and that there is a representation of the design. The International Bureau of WIPO shall transmit to the Intellectual Property Office a copy of the international registration together with all relevant declarations, documents or models accompanying the international application referred to in Article 10(5)(a). International applications in Vietnam are subject to an additional period. In accordance with Article 65(4) of the Intellectual Property Act, the objective of the introduction of the Hague System in Canada is to help companies commercialize their intellectual property by aligning the Canadian industrial design framework with international standards and simplifying the notification process by reducing the regulatory burden, reducing costs and reducing bureaucracy. If the notification is found to comply with the requirements of the Hague System, the design is registered and published and the notification package is transmitted to the regional industrial design offices in the countries indicated by the applicant. These regional offices are subject to a substantive law examination that determines whether the design complies with local legal protection requirements. The International Bureau shall not carry out such a substantive examination. The content verification by the regional offices must be completed within only 6 months and, in some cases, the regional office has 12 months to complete the verification. It is interesting to note that if the regional offices do not reject the application within the relevant time limit, the application is considered admissible and protection granted in that jurisdiction.

Offices may also expressly protect the design before the expiry of the time limit. Applications for professional designs are now made available to the public on the day before the design is registered or 30 months after the date of filing or priority of the application. This only applies to applications that are not processed under the Hague System. Applications from The Hague shall be published by the International Bureau six months after the date of registration or, if requested by the applicant, the application may be published without delay or publication may be postponed to thirty months at the latest after the filing/priority date. (i) the design does not correspond to the definition of a design. Sub-projects can therefore be challenged. The following comments provide an overview of how Vietnam is implementing the Agreement and is based on the country`s instrument of accession and its declarations, as well as information recently exchanged at a workshop organized by the Vietnam Intellectual Property Office and discussions with officials of the Patent Office. . . .