The Hague System for International Design Protection

Product design is an important asset that goes beyond simple appearance and determines a company's competitiveness and brand value. Even if a design is registered domestically, if a similar product appears in an overseas market, it may not receive sufficient protection, leading to substantial losses. Additionally, because each country has different design protection systems and examination standards, filing applications in multiple countries individually can significantly increase the time and cost burden.

To compensate for these limitations, the Hague Design System operated by the World Intellectual Property Organization (WIPO) is in place. By utilizing the Hague system, you can receive design protection in multiple countries with a single international application, making the overseas rights securing process more efficient.

In this article, we will look at the concept and procedures of the Hague Design System, its main advantages, and ways to use export vouchers to reduce the cost burden.

The Hague System, administered by WIPO, is based on the Hague Agreement. It offers a centralized route to seek industrial design protection across participating countries and regional systems.

The biggest feature is that you can apply for design protection in multiple member countries simultaneously with just one international application. Applicants can pursue securing international rights by designating the desired country without having to repeat individual applications for each country.

The Hague System is available to individuals or legal entities whose nationality, residence or physical place of business is in a member state. Another feature is that you can directly file an international application even if you have not filed a design application domestically first.

An international application may contain up to 100 designs, all within the same class of the Locarno Classification. The applicant designates the jurisdictions where protection is sought and provides clear reproductions of each design. Applications may be filed in English, French, or Spanish.

The Hague international application is subject to a basic fee, a publication fee, and a designation fee. The designation fee is calculated according to the individual designation fee for each country or the standard designation fee system established by WIPO.

Applications can be submitted through WIPO's electronic filing system (eHague), and the International Bureau will only review formal requirements. The substantive examination of the novelty or creativity of the design is conducted by each designated country in accordance with its own laws.

Applications meeting the formal requirements are recorded in the International Register and published in the International Designs Bulletin. A designated office may then issue a refusal under its applicable law.

Once the reason for rejection is notified, you must submit a statement of opinion, make corrections, and proceed with the appeal process in accordance with the procedures of the relevant country. Conversely, if there is no notice of rejection within the specified period or the rejection is withdrawn, it will have the same effect as a domestic design right in the relevant country.

The Hague International Registration is valid for the first five years from the date of registration. Thereafter, it can be renewed every five years to the extent permitted by the laws of each designated country.

Under the 1999 Act of the Hague Agreement, protection must be available for at least 15 years, with longer terms where the designated jurisdiction's law permits them. The available term should be checked for each designation.

The Hague Design System has great advantages in that it simplifies the international design protection process and reduces the cost burden.

First, with one international application, you can apply for rights protection in multiple countries simultaneously, which greatly reduces the administrative burden compared to filing individual applications for each country.

Second, application preparation and fee payment can be unified through WIPO, reducing the inconvenience of having to manage multiple languages and currencies.

Third, even if management matters such as address change or rights transfer occur after registration, you only need to apply to the international register once and it will be reflected in all designated countries, enabling efficient rights management.

These advantages are useful not only for startups and small and medium-sized businesses preparing to expand overseas, but also for companies seeking to systematically manage their design portfolio in the global market.

The most important factor when preparing for an international application under the Hague System is securing the novelty of the design. Before filing an application, it is advisable to review whether similar designs have been published at home or abroad and to secure data that can prove the date of creation and first public disclosure of the design.

In particular, if the design has been made public through exhibitions, fairs, online promotions, etc., the scope of novelty exception recognition may vary by country. Some countries allow disclosure exceptions for a certain period of time, but this does not apply equally to all countries, so an application strategy that takes into account the countries in which you operate overseas is needed.

Additionally, reviewing country-specific examination standards and scope of protection in advance can reduce the possibility of rejection and secure rights more reliably.

In the global market, product design is a core asset that goes beyond simple appearance and constitutes a company's brand value and competitiveness. Since it may be difficult to receive sufficient protection in overseas markets with design rights secured domestically, a strategy for securing international rights tailored to the country in which you are entering is necessary.

The Hague System is a representative international system for more efficient design protection for different countries. 

If you want to gain design competitiveness in overseas markets, you can develop a systematic strategy with experts.