To register a design in overseas countries, you have three options : To file internationally using the Hague registration process which covers 100 international countries, to file in the EU using Community design registration process which covers 28 EU countries or to file direct in the country of interest
> THE HAGUE SYSTEM
The Hague system allows for a single application to be filed in 67 countries that are party to the Hague agreement. To protect in countries not party to the Hague agreement, application must be filed separately.
In order to register a design through the Hague system, the application must be filed in the countries of interest within six months of original filing date and comply with the formal requirements before it is published and examined by the offices of the countries registration is required.
The examiner of each state has then up 12 months from the date of international registration to raise any objections. The applicant must overcome any objections raised in order for the design registration to be valid.
> COMMUNITY DESIGN REGISTRATION SYSTEM
A Community Design registration process is a cost-effective way to secure protection across 28 European Union member states in a single registration.
Applications are processed at the European Union Intellectual Property Office (EUIPO) and subject to certain criteria being met can be fast tracked and registered within a few days. Typically most applications take several weeks to be registered. Once registered, the EUIPO will publish the design and issue the certificate of registration. If the EUIPO objects to the application, the objections will need to be addressed before the design can be registered.
If an applicant wishes to keep the design secret for a while, the publication of the registration can be deferred up to a maximum of 30 months from the date of filing, or, if a priority is claimed, from the priority date.
> DIRECT FILING IN THE COUNTRY / COUNTRIES OF INTEREST
If a Design needs to be registered in a country / countries that are not party to the Hague or Community Design systems, it is possible to register the Design direct with the country / countries of interest.
Application and registration procedures can differ from country to country by in most parts are similar to that of the Hague and Community registration systems. Once registered, the country office will publish the design and issue the certificate of registration. If the country office objects to the application, the objections will need to be addressed before the design can be registered.
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