Proposal for a Council Decision approving the accession of the European Community to the Geneva Act of the Hague Agreement concerning the international registration of industrial designs, adopted in Geneva on 2 July 1999 {SEC(2005)1748}
Date: 2005-12-22
Institutions: European Commission
Subjects: EU law, EU relations, EU trade mark, European Union Intellectual Property Office, World Intellectual Property Organisation, designs and models, industrial property, international organisation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.12.2005 
COM(2005)687 final 

2005/0273 (CNS) 

Proposal for a 

COUNCIL DECISION 

approving the accession of the European Community to the Geneva Act of the Hague 
Agreement concerning the international registration of industrial designs, adopted in 
Geneva on 2 July 1999 

{SEC(2005)1748} 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

Introduction 

On  12  December  2001,  the  Council  adopted  Regulation  (EC)  No  6/2002  on  Community 
Designs (hereinafter referred to as “the Community Designs Regulation”).1  

The  Community  Designs  Regulation  establishes  the  Community  design  system,  which 
provides for the acquisition of protection for designs with unitary effect for the whole territory 
of the European Community. According to the Regulation, a design may be protected either 
by  an  unregistered  Community  design,  if  the  design  is  made  available  to  the  public  in  the 
manner  provided  for  in  the  Regulation,  or  by  a  registered  Community  design,  if  registered 
under the procedure provided for in the Regulation.  

The Community Designs Regulation entrusts the Office for the Harmonization in the Internal 
Market  (Trade  Marks  and  Designs),  hereinafter  referred  to  as  “the  Office”,2  to  handle  the 
administration of the Community design. On 1 January 2003, the Office enabled applications 
for registered Community designs with the first date of filing being granted on 1 April 2003.  

On  23  December  2003,  the  1999  Act  of  the  Hague  Agreement  concerning  the  international 
registration of industrial designs, adopted in Geneva on 2 July 1999 (hereinafter referred to as 
“the  Geneva  Act”)  entered  into  force.  The  Geneva  Act  allows  designers  to  obtain  design 
protection in a number of countries through a single international registration. Thus, under the 
Geneva Act, a single international application filed with the International Bureau of the World 
Intellectual  Property  Organization  (WIPO)  replaces  a  whole  series  of  applications  which, 
otherwise, should have been effected with different national or regional Offices. 

The objective of this proposal is to establish a link between the Community design system and 
the international registration system established under the Geneva Act. This link will enable 
designers  to  file  a  single  international  application  at  the  International  Bureau  of  WIPO 
designating, amongst other Contracting Parties, the European Community in order to obtain 
protection under the Community design system. 

2. 

The Geneva Act 

The  Hague  System  is  based  on  the  Hague  Agreement  Concerning  the  International 
Registration of Industrial Designs. This Agreement is constituted by three different Acts: the 
London Act of 1934, the Hague Act of 1960 and the Geneva Act of 1999. The three Acts are 
autonomous and coexist with respect to their substantive provisions. Contracting parties may 
decide  to  become  party  to  only  one,  to  two  or  to  all  three  of  the  Acts.  They  automatically 
become  member  of  the  Hague  Union  which  at  present  has  42  Contracting  States,  amongst 
which 12 EU Member States.3  

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OJ L 3, 5.1.2002, p. 1. 
The  OHIM  is  established  by  Council  Regulation  (EC)  No  40/94  of  20  December  1993  on  the 
Community trade mark, OJ L 11, 14.1.1994, p. 1. 
Belgium, Estonia, France, Germany, Greece, Hungary, Italy, Latvia, Luxembourg, Netherlands, 
Slovenia, Spain. n Five EU Member States – out of 18 countries in total - have become party to the 
Geneva Act (Estonia, Hungary, Latvia, Slovenia and Spain). Updates will be published on the WIPO 
website: www.wipo.int.  

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The  system  of  international  registration  of  designs  arose  from  a  need  for  simplicity  and 
economy.  In  effect,  it  enables  design  owners  originating  from  a  Contracting  State  to  obtain 
protection of their designs with a minimum of formality and expense. 

The international application can be filed in one language (English or French), upon payment 
of  a  single  set  of  fees.  The  applicant  has  to  designate  the  Contracting  States  in  which 
protection is sought. An international application is normally sent directly to the International 
Bureau.  Upon  receipt,  the  International  Bureau  checks  that  the  international  application 
complies  with  the  prescribed  formal  requirements  and  then  publishes  the  application  –  or 
better, the registration - in the International Designs  Bulletin (on WIPO´s internet website). 
Following  publication,  each  national  Office  must  identify  the  international  registrations  in 
which they have been designated, in order to proceed with the substantive examination, if any, 
provided for by its own legislation.  

Any substantive aspect of the protection (including in particular the substantive examination 
carried out by each Office, the assessment of the conditions of protection and the scope of that 
protection) is thus entirely a matter of the legislation of each designated Contracting Party. 

As a result of that examination, the Office may notify to the International Bureau a refusal of 
protection  for  its  territory.  However,  an  international  registration  may  not  be  refused  on 
grounds of non-compliance with formal requirements. Such requirements must be considered 
as already satisfied, following the examination carried out by the International Bureau. 

Once the international registration has been accepted it produces the same effect in each of the 
countries  designated  as  if  the  design  had  been  deposited  there  directly.  The  international 
registration is therefore equivalent to a national right in terms of its scope of protection and 
enforcement.  At  the  same  time,  the  international  registration  facilitates  the  maintenance  of 
protection:  there  is  a  single  deposit  to  renew  and  one  simple  procedure  for  recording  any 
changes (e.g. in ownership or address).  

The adoption of the Geneva Act in 1999 had a twofold objective, namely: 

•  to make the Hague System more attractive for applicants and to extend the system 
to  new  members;  to  that  end,  the  1999  Act  has  introduced  a  number  of  features 
into  the  Hague  system  with  a  view  to  facilitating  the  accession  to  the  Hague 
Union  of  countries  which  administer  design  examination  systems  (such  as  USA 
and Japan); 

•  to  provide  for  the  establishment  of  a  link  between  the  international  registration 
system  and  regional  systems  by  providing  that  intergovernmental  organizations 
may become a party to the Act. 

The  second  objective  opens  the  door  for  the  accession  of  the  European  Community  to  the 
Hague  System.  The  territory  of  the  EU  would  then  be  regarded  as  a  single  country  for  the 
purposes  of  the  Geneva  Act,  with  the  Community  design  rules  as  the  relevant  domestic 
legislation. The OHIM would become the Office responsible for the substantive examination 
of international applications in which the Community has been designated. 

The Community design system and the international registration system as established by the 
Hague Agreement can be considered as being complementary. The Community design system 
provides  for  a  complete  and  unified  regional  designs  registration  system  which  covers  the 

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whole territory of the European Union. The Hague Agreement constitutes a treaty centralizing 
the  procedures  for  obtaining  protection  of  designs  in  the  territory  of  the  designated 
Contracting Parties. 

The  Geneva  Act  system  became  fully  operational  on  1  April  2004.  On  that  date,  both  the 
Geneva  Act  and  the  modernised  Common  Regulations  under  the  Hague  Agreement,  which 
simplify the entire proceedings, became effective.  

3. 

Legal basis 

A  Community  act  to  accede  to  the  Geneva  Act  must  be  based  on  Article  308  EC,  the 
provision of the Treaty on which the common rules, i.e. the Community Designs Regulation, 
are based. In addition, a reference should be made to Article 300 of the Treaty, which confers 
powers  to  the  European  Community  to  enter  into  agreements  between  the  European 
Community and one or more States or international organisations. 

A  recent  precedent  on  a  similar  intellectual  property  exercise  is  Council  Decision 
2003/793/EC of 27 October 2003 approving the accession of the European Community to the 
Protocol relating to the Madrid Agreement concerning the international registration of marks, 
adopted  at  Madrid  on  27  June  1989.4  This  Decision  is  based  on  Article  308  EC,  in 
conjunction with Article 300 (2), second sentence, and Article 300(3), first subparagraph.  

4. 

Procedure for the accession of the European Community to the Geneva Act 

Under  Article  27(1)(ii)  of  the  Geneva  Act,  an  intergovernmental  organization  may  become 
party provided the following conditions are fulfilled: 

-  at  least  one  of  the  Member  States  of  the  intergovernmental  organization  is  a  member  of 
WIPO, and 

- the organization maintains an Office through which protection of industrial designs may be 
obtained with effect in the territory in which the constituting treaty of the intergovernmental 
organization applies; 

-  the  Office  of  such  organization  is  not  the  subject  of  a  notification  under  Article  19  of  the 
Geneva Act.  

The  European  Community  fulfils  those  conditions.  First,  all  Member  States  are  member  of 
WIPO. Second, OHIM is managing the administration of the Community design system set 
up under Regulation 6/2002. Third, OHIM is not subject of a notification under Article 19 of 
the Geneva Act.5 

According to Article 27(2) of the Geneva Act, the instrument of accession to the Act shall be 
deposited by any State or international organization if it has not signed this Act. The EC has 
not  signed  the  Geneva  Act  and  is  therefore  obliged  to  deposit  the  instrument  of  accession. 
Article  27(3)(a)  declares  that  for  the  EC  accession  the  effective  date  of  the  deposit  of  the 
instrument of accession shall be the date on which the instrument is deposited. According to 

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OJ L 296 of 14.11.2003, p. 20. 
This provision is relevant for countries which share a common Office, like the Benelux countries. 

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Article 28(3)(b) the accession of the EC then becomes effective three months after the date on 
which its instrument of accession has been deposited. 

Declarations to be made in the framework of the accession of the Community to 

5. 
the Geneva Act 

The Geneva Act and the Common Regulations under the Geneva Act, the London Act and the 
Hague Act of the Hague Agreement provide for the possibility or obligation for Contracting 
States to make certain declarations concerning the operation of the international registration 
system.  Declarations  made  in  the  instrument  of  accession  become  effective  on  the  date  on 
which the Contracting Party becomes bound by the Act.  

The Commission proposes that declarations to the Director-General of WIPO be made on the 
following matters. 

(i) 
Article 4(1)(a) of the Geneva Act states that the international application may be filed, 
at  the  option  of  the  applicant,  either  directly  with  the  International  Bureau  or  through  the 
Office  of  the  applicant’s  Contracting  party.  However,  according  to  Article  4(1)(b)  a 
Contracting  Party  may  notify  that  international  applications  may  not  be  filed  through  its 
Office.  

The  Hague  system  draws  most  of  its  advantages  from  its  simplicity  and  the  location  of  the 
receiving office seems to be of minor importance for the application of designs. The European 
Community should therefore exclude the filing of an application through the Office in order 
to avoid useless duplication of work. Direct filing at WIPO is also to be preferred in order to 
avoid  confusion  by  applicants  between  applications  for  registering  Community  designs  and 
applications for international registrations. Such confusion would be all the more problematic 
in case of payment of the basic fee for an international application, which has to be paid in 
any  event  directly  to  the  International  Bureau  and  which  is  payable  at  the  time  of  filing.  If 
applicants would erroneously pay the fee to OHIM, this Office would have to return the fee.  

It  is  significant  that  at  present  WIPO  does  not  receive  applications  filed  through  national 
offices even from those Contracting Parties who would permit such a procedure.6 

The Geneva Act provides in Article 7 that the prescribed fees shall include a standard 
(ii) 
designation  fee  that  has  to  be  paid  for  each  designated  Contracting  Party.  In  addition,  any 
Contracting  Party  that  is  an  intergovernmental  organisation  may  declare  that,  for  each 
application and for each renewal of an international registration in which it is designated, the 
standard designation fee is replaced by an individual designation fee, whose amount shall be 
indicated in the declaration and can be changed in further declarations. The fixed amount may 
not be higher than the equivalent of the amount which the Contracting Party would be entitled 
to receive for a national application and renewal, that amount being diminished by the savings 
resulting  from  the  international  procedure.  The  designation  fee  shall  be  transferred  by  the 
International Bureau to the respective Contracting Party.7 

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In  this  respect,  the  Geneva  Act  differs  from  the  Madrid  Protocol  concerning  the  international 
registration of marks, which specifies in Article 2 (2) that international applications shall be filed with 
the  International  Bureau  through  the  intermediary  of  the  office  with  which  the  basic  application  was 
filed or by which the basic registration was made. 
The total fees payable in connection with an international application consiste of (i) a basic fee; (ii) the 
standard designation fee or the individual designation fee, (iii) a publication fee. These fees are payable 

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In  terms  of  income,  the  choice  between  the  standard  designation  fee  and  the  individual 
designation fee will have budgetary consequences for the Office. The European Community 
should therefore take advantage  of  this option and determine its own individual designation 
fee. 

Such determination will have to be made on the basis of a number of elements. Fees will have 
to be sufficient to cover the costs incurred by the procedures relating to designs the protection 
of which is requested in the EU. This means not only the costs relating to examination of such 
designs in OHIM but also other procedures like invalidities and appeals. Such determination 
has not yet been made as a prior financial analysis is required. To undertake such an analysis, 
the  major  conditions  of  the  accession  to  the  Hague  Agreement  will  have  to  be  examined  in 
detail.  The  Commission  also  needs  to  have  a  better  idea  as  to  the  possible  number  of 
invalidities and appeals international designations could generate and thus the level of work 
involved for the OHIM. 

On  the  basis  of  these  studies,  the  Commission  will  propose  an  amendment  of  the  Fees 
Regulation  which  will  contain  the  level  and  structure  of  the  fees  to  be  fixed  for  the 
designation of the European Community through the Geneva Act.  

(iii)  Article  17(3)(c)  of  the  Geneva  Act  obliges  each  Contracting  Party  to  notify  the 
Director-General of the International Bureau of the maximum duration of protection provided 
by  its  law.  Article  12  of  the  Community  Design  Regulation  provides  for  the  maximum 
duration  of  protection  of  25  years.  The  European  Community  shall  notify  the  Director-
General accordingly.  

Declarations are not relevant or should not be made on other issues as foreseen in the Geneva 
Act  and  the  Common  Rules.  Several  of  these  possible  declarations  are  not  relevant  for  the 
European Community because they concern specific features of national legislation unknown 
in or not applicable to the Community Design Regulation, or because they are only relevant 
for  examining  offices.8  Possible  declarations  on  the  effect  of  change  of  ownership  and  on 
exchange of documents do require a further explanation. 

•  According  to  Article  16(2)  of  the  Geneva  Act,  any  contracting  party  may,  in  a 
declaration,  notify  the  Director-General  of  WIPO  that  a  recording  of  change  of 
ownership  in  the  International  Register  shall  not  have  the  same  effect  as  a 
recording  in  its  own  Register  until  it  has  received  the  statement  or  documents 
specified in that declaration. However, in order to keep the international system as 
simple  and  efficient  as  possible,  the  Community  should  not  submit  such  a 
declaration.  Thus  the  international  register  will  have  full  and  direct  effect  in  the 
EU.  

•  Article  10(5)(a)  of  the  Geneva  Act  specifies  that  the  Office  of  each  Contracting 
Party may notify the International Bureau that it wishes to receive a copy of each 

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at  the  time  of  filing  of  the  international  application,  with  an  exception  in  the  case  of  a  request  for 
deferment of publication. See Rule 12 of the Common Regulations. 
These  issues  concern  the  deferred  publication  (Article  11);  the  unity  of  design  (Article  13);  certain 
views of the design required (Rule 9); special requirement concerning the applicant (Rule 8); security 
clearance (Rule 13); prohibition of self-designation (Article 14); mandatory contents of an international 
application  (Article  5  and  Rule  7);  extension  of  time  for  notifying  refusal  and  date  from  which 
industrial design is protected (Rule 18); common offices of several states (Article 19) and, indirectly, 
the language regime between the national office and the International Bureau (Rule 6).  

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international  registration  in  which  it  has  been  designated  immediately  after  the 
registration  has  been  effected,  along  with  any  relevant  statement,  document  or 
specimen accompanying the international registration. The Community should not 
require  such  copies  since  the  examination  as  to  the  grounds  for  refusal  (public 
policy, morality and definition of the design) can be carried out on the basis of the 
publication  of  the  international  registrations  by  the  International  Bureau. 
Consequently, there is no need for OHIM to receive complete files from WIPO.  

6. 

Commentary on the Articles 

Article 1 

In Article 1 the Council is invited to approve the Geneva Act. The text of the Geneva Act is 
attached to this decision in all the official languages of the European Community. 

Article 2 

Article 2(1) specifies that following the adoption of this proposal, the President of the Council 
shall deposit the instrument of accession with the Director-General of WIPO, in accordance 
with Article 27 of the Geneva Act. In order to avoid any complications on the implementation 
of the Geneva Act within the European Community, it has been clarified that the instrument 
of accession may be adopted as from the date on which the Council and the Commission have 
adopted  the  necessary  implementing  measures  (Council  Regulation  amending  Regulation 
the 
(EC)  No  6/2002  on  Community  Designs;  Commission  Regulation  amending 
implementing Regulation 2245/2002; Commission Regulation amending the Fees Regulation 
2245/2002).  

The  second  paragraph  specifies  the  declarations  that  shall  be  made  in  the  instrument  of 
accession.  

Article 3 

Following accession to the Geneva Act, the European Community will become a member of 
the Assembly  of  the Hague  Union (Article 20 and 21  of the Geneva Act). This implies,  for 
example,  that  the  European  Community  may  vote,  in  place  of  its  Member  States,  with  a 
number  of  votes  equal  to  the  number  of  its  Member States which are party to this Act, and 
that the European Community shall.not participate in the vote if any one of its Member States 
exercises its rights to vote, and vice versa. 

The  tasks  of  the  Assembly  are,  amongst  others,  to  deal  with  all  matters  concerning  the 
maintenance and development of the Union and the implementation of the Geneva Act; give 
directions concerning the preparations for conferences of revision and decide the convocation 
of any such conference; and amend the Common Regulations under the Geneva Act. 

In  accordance  with  Article  300  of  the  Treaty,  the  European  Commission  shall  represent  the 
European  Community  in  the  Assembly  of  the  Hague  Union.  The  European  Community 
delegations may also include representatives of the Office. 

In  view  of  the  above  and  in  order  to  avoid  unnecessary  cumbersome  procedures  whenever 
future meetings of the Assembly of the Hague Union take place, Article 3(1) of the proposal 
provides  that  the  Council  authorises  the  European  Commission  to  represent  the  European 
Community  at  the  future  meetings  of  the  Assembly  of  the  Hague  Union  and  to  negotiate 

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matters, on behalf of the Community, which fall under the competence which the Assembly 
has  pursuant  to  Article  21  of  the  Geneva  Act.  Article  3(2)  specifies  that  the  position  of  the 
European Community will be drawn up by the European Commission and the Member States 
within  the  competent  Council  working  party  or  at  on-the-spot  meetings  convened  in  the 
course of the work carried out within the framework of WIPO. 

Supplementary  measures  to  be  taken  in  the  context  of  the  accession  of  the 

7. 
Community to the Geneva Act 

The accession of the European Community to the Geneva Act requires several implementing 
measures at Community level. 

First,  the  Community  legislator  has  to  provide  rules  which  adapt  the  Community  design 
system to the system of international applications under the Geneva Act. It is proposed that 
the measures giving effect to the accession of the European Community to the Geneva Act be 
incorporated  in  the  Community  Design  Regulation  by  means  of  an  amendment  of  existing 
provisions and addition of a new and separate title on “International Registration of Designs”.  

Second,  there  is  a  need  for  modification  of  the  implementing  rules  to  give  effect  to  the 
accession  to  the  Geneva  Act.  This  requires  a  modification  of  the  Commission  Regulation 
(EC) No 2245/2002 of 21 October 2002 implementing the Community Designs Regulation.9 

Third, there is a need for modification of Commission Regulation (EC) No 2246/2002 of 16 
December  2002  on  the  fees  payable  to  the  Office  for  Harmonisation  in  the  Internal  Market 
(Trade  Marks  and  Designs)  in  respect  of  the  registration  of  Community  designs.10  The 
amended  Fees  Regulation  should  establish  the  individual  fee  system  for  international 
registrations, in line with the declaration made in this Decision. 

Since the European Community would become bound by the Geneva Act three months after 
the  date  on  which  it  has  deposited  its  instrument  of  accession,  the  necessary  implementing 
measures should enter into force before the expiry of the three months period.  

8. 

Conclusions 

On the basis of the above, the Council is invited to adopt the attached decision approving, on 
behalf of the European Community, the Geneva Act, authorising the President of the Council 
to deposit the instrument of accession to the Geneva Act with the Direct General of WIPO, 
and  authorising  the  European  Commission  to  represent  the  European  Community  at  the 
meetings of the Assembly of the Hague Union to be held under the auspices of WIPO and to 
negotiate  and  approve  matters,  on  behalf  of  the  European  Community,  which  fall  under  the 
competence of the Assembly. 

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OJ L 341 of 17.12.2002, p. 28. 
OJ L 341 of 17.12.2002, p. 54. 

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2005/0273 (CNS) 

Proposal for a 

COUNCIL DECISION 

approving the accession of the European Community to the Geneva Act of the Hague 
Agreement concerning the international registration of industrial designs, adopted in 
Geneva on 2 July 1999 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
308,  in  conjunction  with  Article  300(2),  first  subparagraph,  second  sentence,  and  Article 
300(3), first subparagraph, thereof, 

Having regard to the proposal from the Commission11, 

Having regard to the opinion of the European Parliament12, 

Having regard to the opinion of the European Economic and Social Committee13, 

Whereas: 

(1) 

(2) 

Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs14, 
which is based on Article 308 of the Treaty, aims to create a market which functions 
properly  and  offers  conditions  which  are  similar  to  those  obtaining  in  a  national 
market.  In  order  to  create  a  market  of  this  kind  and  make  it  increasingly  a  single 
market, that Regulation created the Community design system whereby undertakings 
can  by  means  of  a  single  procedure  obtain  Community  designs  to  which  uniform 
protection  is  given  and  which  produce  their  effects  throughout  the  entire  area  of  the 
Community. 

Following  preparations  initiated  and  carried  out  by  the  World  Intellectual  Property 
Organization (WIPO) with the participation of the Member States which are members 
of the Hague Union, the Member States which are not members of the Hague Union 
and the European Community, the Diplomatic Conference, convened for that purpose 
at  Geneva,  adopted  the  Geneva  Act  of  the  Hague  Agreement  concerning  the 
international registration  of  industrial designs (hereinafter referred to as the “Geneva 
Act”) on 2 July 1999. 

(3) 

The Geneva Act was adopted in order to introduce certain innovations to the system 
for  the  international  deposit  of  industrial  designs  provided  for  in  the  London  Act, 

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14 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ L 3, 5.1.2002, p. 1. Regulation as amended by 2003 Act of Accession. 

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(4) 

(5) 

(6) 

(7) 

(8) 

which had been adopted on 2 June 1934, and the Hague Act, which had been adopted 
on 28 November 1960. 

The  objectives  of  the  Geneva  Act  are  to  extend  the  Hague  system  of  international 
registration to new members, and to make the system more attractive to applicants. As 
compared to the London Act and the Hague Act, one of the main innovations is that an 
intergovernmental  organisation  which  maintains  an  office  authorized  to  grant 
protection to designs with effect in the territory of the organisation may become party 
to the Geneva Act.  

The facility whereby an intergovernmental organisation which has a regional office for 
the registration of designs may become a party to the Geneva Act was introduced in 
order to allow, in particular, for the Community to accede to that Act, and hence, to 
the Hague Union.  

The Geneva Act entered into force on 23 December 2003 and became operational on 1 
April  2004.  On  1  January  2003,  the  Office  for  the  Harmonization  in  the  Internal 
Market  (Trade  Marks  and  Designs)  admitted  applications  for  registered  Community 
designs, the first date of filing being granted on 1 April 2003.  

The Community design system and the international registration system as established 
by the Geneva Act are complementary. The Community design system provides for a 
complete  and  unified  regional  designs  registration  system  which  covers  the  whole 
territory of the Community. The Hague Agreement constitutes a treaty centralising the 
procedures  for  obtaining  protection  of  designs  in  the  territory  of  the  designated 
Contracting Parties. 

The  establishment  of  a  link  would  enable  designers  to  obtain,  through  one  single 
international  application  protection  for  their  designs  in  the  Community  under  the 
Community design system and in the territories of the Geneva Act inside and outside 
the Community.  

(9)  Moreover, the establishment of a link between the Community design system and the 
international  registration  system  under  the  Geneva  Act  will  promote  a  harmonious 
development of economic activities, will eliminate distortions of competition, will be 
cost efficient and will increase the level of integration and functioning of the internal 
market. Therefore, the Community needs to accede to the Geneva Act in order to make 
the Community design system more attractive. 

(10)  The Commission should be authorised to represent the Community in the Assembly of 

the Hague Union after the accession of the Community to the Geneva Act. 

(11)  This  Decision  does  not  affect  the  right  of  the  Member  States  to  participate  in  the 

Assembly of the Hague Union with regard to their national designs. 

.HAS DECIDED AS FOLLOWS 

The  Geneva  Act  of  the  Hague  Agreement  concerning  the  international  registration  of 
industrial designs,  adopted in Geneva on 2 July 1999 (hereinafter referred to as the Geneva 

Article 1 

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Act),  is  hereby  approved  on  behalf  of  the  Community  with  regard  to  the  matters  within  its 
competence. 

The text of the Geneva Act is attached to this Decision. 

Article 2 

The  President  of  the  Council  is  hereby  authorised  to  deposit  the  instrument  of 
1. 
accession with the Director-General of the World Intellectual Property Organization as from 
the  date  on  which  the  Council  and  the  Commission  have  adopted  the  measures  which  are 
necessary for the establishment of a link between Community design law and the Geneva Act. 

The declarations which are attached to this Decision shall be made in the instrument of 

2. 
accession. 

Article 3 

1. 
The  Commission  is  hereby  authorised  to  represent  the  European  Community  at  the 
meetings  of  the  Hague  Union  Assembly  held  under  the  auspices  of  the  World  Intellectual 
Property Organization. 

2. 
On  all  matters  lying  within  the  competence  of  the  Community  with  regard  to 
Community design, the Commission shall negotiate in the Hague Union Assembly on behalf 
of the Community and in accordance with the following arrangements: 

the position which the Community may adopt within the Assembly shall be prepared 
(a) 
by  the  relevant  Council  working  party  or,  if  this  is  not  possible,  at  on-the-spot  meetings 
convened in the course of the work within the framework of the World Intellectual Property 
Organization; 

(b) 
as regards decisions involving amendments to Regulation (EC) No 6/2002, or to any 
other act of the Council requiring unanimity, the Community position shall be adopted by the 
Council acting unanimously on a proposal from the Commission; 

(c) 
as regards other decisions affecting Community design law, the Community position 
shall  be  adopted  by  the  Council  acting  by  a  qualified  majority  on  a  proposal  from  the 
Commission. 

Done at Brussels,  

For the Council 
The President 

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Geneva Act of July 2, 1999 

TABLE OF CONTENTS 

INTRODUCTORY PROVISIONS 

Article 1: 

Abbreviated Expressions 

Article 2: 
by Certain International Treaties 

Applicability of Other Protection Accorded by Laws of Contracting Parties and 

CHAPTER I:  INTERNATIONAL APPLICATION AND 

INTERNATIONAL REGISTRATION 

Article 3: 

Entitlement to File an International Application 

Article 4: 

Procedure for Filing the International Application 

Article 5: 

Contents of the International Application 

Article 6: 

Priority 

Article 7: 

Designation Fees 

Article 8: 

Correction of Irregularities 

Article 9: 

Filing Date of the International Application 

Article 10: 
and Confidential Copies of the International Registration 

International  Registration,  Date  of  the  International  Registration,  Publication 

Article 11: 

Deferment of Publication 

Article 12: 

Refusal 

Article 13: 

Special Requirements Concerning Unity of Design  

Article 14: 

Effects of the International Registration 

Article 15: 

Invalidation 

Article 16: 
Registrations 

Article 17: 
Protection 

Recording  of  Changes  and  Other  Matters  Concerning 

International 

Initial  Term  and  Renewal  of  the  International  Registration  and  Duration  of 

Article 18: 

Information Concerning Published International Registrations 

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CHAPTER II:  ADMINISTRATIVE PROVISIONS 

Article 19: 

Common Office of Several States 

Article 20:  Membership of the Hague Union 

Article 21: 

Assembly 

Article 22: 

International Bureau 

Article 23: 

Finances 

Article 24: 

Regulations 

CHAPTER III: REVISION AND AMENDMENT 

Article 25: 

Revision of This Act 

Article 26: 

Amendment of Certain Articles by the Assembly 

CHAPTER IV: FINAL PROVISIONS 

Article 27: 

Becoming Party to This Act 

Article 28: 

Effective Date of Ratifications and Accessions 

Article 29: 

Prohibition of Reservations 

Article 30: 

Declarations Made by Contracting Parties 

Article 31: 

Applicability of the 1934 and 1960 Acts 

Article 32: 

Denunciation of This Act 

Article 33: 

Languages of This Act; Signature 

Article 34: 

Depositary 

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INTRODUCTORY PROVISIONS 

Article 1 

Abbreviated Expressions 

For the purposes of this Act: 

(i) 

“the  Hague  Agreement”  means  the  Hague  Agreement  Concerning  the 
International  Deposit  of  Industrial  Designs,  henceforth  renamed  the  Hague  Agreement 
Concerning the International Registration of Industrial Designs; 

(ii) 

“this Act” means the Hague Agreement as established by the present Act; 

(iii) 

“Regulations” means the Regulations under this Act; 

(iv) 

“prescribed” means prescribed in the Regulations; 

(v) 

“Paris Convention” means the Paris Convention for the Protection of Industrial 

Property, signed at Paris on March 20, 1883, as revised and amended; 

(vi) 

“international registration” means the international registration of an industrial 

design effected according to this Act; 

(vii) 

“international application” means an application for international registration; 

(viii)  “International  Register”  means  the  official  collection  of  data  concerning 
international registrations maintained by the International Bureau, which data this Act or the 
Regulations require or permit to be recorded, regardless of the medium in which such data are 
stored; 

(ix) 

“person” means a natural person or a legal entity; 

(x) 

“applicant”  means  the  person  in  whose  name  an  international  application  is 

filed; 

(xi) 

“holder”  means  the  person  in  whose  name  an  international  registration  is 

recorded in the International Register; 

(xii) 

“intergovernmental  organization”  means  an  intergovernmental  organization 

eligible to become party to this Act in accordance with Article 27(1)(ii); 

(xiii)  “Contracting  Party”  means  any  State  or  intergovernmental  organization  party 

to this Act; 

(xiv)  “applicant’s  Contracting  Party”  means  the  Contracting  Party  or  one  of  the 
Contracting  Parties  from  which  the  applicant  derives  its  entitlement  to  file  an  international 
application  by  virtue  of  satisfying,  in  relation  to  that  Contracting  Party,  at  least  one  of  the 
conditions specified in Article 3; where there are two or more Contracting Parties from which 
the applicant may, under Article 3, derive its entitlement to file an international application, 

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“applicant’s  Contracting  Party”  means  the  one  which,  among  those  Contracting  Parties,  is 
indicated as such in the international application; 

(xv) 

“territory  of  a  Contracting  Party”  means,  where  the  Contracting  Party  is  a 
State,  the  territory  of  that  State  and,  where  the  Contracting  Party  is  an  intergovernmental 
organization,  the  territory  in  which  the  constituent  treaty  of  that  intergovernmental 
organization applies; 

(xvi)  “Office” means the agency entrusted by a Contracting Party with the grant of 

protection for industrial designs with effect in the territory of that Contracting Party; 

(xvii)  “Examining  Office”  means  an  Office  which  ex  officio  examines  applications 
filed with it for the protection of industrial designs at least to determine whether the industrial 
designs satisfy the condition of novelty; 

(xviii)  “designation” means a request that an international registration have effect in a 

Contracting Party; it also means the recording, in the International Register, of that request; 

(xix)  “designated Contracting Party” and “designated Office” means the Contracting 

Party and the Office of the Contracting Party, respectively, to which a designation applies; 

(xx) 
Agreement; 

“1934 Act”  means  the  Act  signed  at  London  on  June 2,  1934,  of  the  Hague 

(xxi)  “1960 Act” means the Act signed at The Hague on November 28, 1960, of the 

Hague Agreement; 

(xxii)  “1961  Additional  Act”  means 

the  Act 

signed 

at  Monaco  on 

November 18, 1961, additional to the 1934 Act; 

(xxiii)  “Complementary  Act  of  1967”  means  the  Complementary  Act  signed  at 

Stockholm on July 14, 1967, as amended, of the Hague Agreement; 

(xxiv)  “Union”  means  the  Hague  Union  established  by  the  Hague  Agreement  of 
November 6, 1925, and maintained by the 1934 and 1960 Acts, the 1961 Additional Act, the 
Complementary Act of 1967 and this Act; 

(xxv)  “Assembly”  means  the  Assembly  referred  to  in  Article 21(1)(a)  or  any  body 

replacing that Assembly; 

(xxvi)  “Organization” means the World Intellectual Property Organization; 

(xxvii) “Director General” means the Director General of the Organization; 

(xxviii)“International Bureau” means the International Bureau of the Organization; 

(xxix)  “instrument  of  ratification”  shall  be  construed  as  including  instruments  of 

acceptance or approval. 

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Article 2 

Applicability of Other Protection Accorded by Laws of Contracting Parties and by Certain 
International Treaties 

(1) [Laws  of  Contracting  Parties  and  Certain  International  Treaties]  The  provisions  of  this 
Act shall not affect the application of any greater protection which may be accorded by the 
law of a Contracting Party, nor shall they affect in any way the protection accorded to works 
of  art  and  works  of  applied  art  by  international  copyright  treaties  and  conventions,  or  the 
protection  accorded  to  industrial  designs  under  the  Agreement  on  Trade-Related  Aspects  of 
Intellectual  Property  Rights  annexed  to  the  Agreement  Establishing  the  World  Trade 
Organization. 

(2) [Obligation  to  Comply  with  the  Paris  Convention] Each  Contracting  Party  shall  comply 
with the provisions of the Paris Convention which concern industrial designs. 

INTERNATIONAL APPLICATION AND INTERNATIONAL REGISTRATION 

CHAPTER I 

Article 3 

Entitlement to File an International Application 

Any person that is a national of a State that is a Contracting Party or of a State member of an 
intergovernmental organization that is a Contracting Party, or that has a domicile, a habitual 
residence or  a real and  effective industrial or commercial  establishment  in  the  territory  of  a 
Contracting Party, shall be entitled to file an international application. 

Article 4 

Procedure for Filing the International Application 

(1) [Direct or Indirect Filing] (a) The international application may be filed, at the option of 
the  applicant,  either  directly  with  the  International  Bureau  or  through  the  Office  of  the 
applicant’s Contracting Party. 

Notwithstanding subparagraph (a), any Contracting Party may, in a declaration, notify 

(b) 
the Director General that international applications may not be filed through its Office. 

(2) [Transmittal  Fee  in  Case  of  Indirect  Filing] The  Office  of  any  Contracting  Party  may 
require  that  the  applicant  pay  a  transmittal  fee  to  it,  for  its  own  benefit,  in  respect  of  any 
international application filed through it. 

Article 5 

Contents of the International Application 

(1) [Mandatory Contents of the International Application] The international application shall 
be  in  the  prescribed  language  or  one  of  the  prescribed  languages  and  shall  contain  or  be 
accompanied by 

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(i) 

a request for international registration under this Act; 

(ii) 

the prescribed data concerning the applicant; 

(iii) 

the  prescribed  number  of  copies  of  a  reproduction  or,  at  the  choice  of  the 
applicant, of several different reproductions of the industrial design that is the subject of the 
international  application,  presented  in  the  prescribed  manner;  however,  where  the  industrial 
design is two-dimensional and a request for deferment of publication is made in accordance 
with paragraph (5), the international application may, instead of containing reproductions, be 
accompanied by the prescribed number of specimens of the industrial design; 

(iv) 

an indication of the product or products which constitute the industrial design 

or in relation to which the industrial design is to be used, as prescribed; 

(v) 

an indication of the designated Contracting Parties; 

(vi) 

the prescribed fees; 

(vii) 

any other prescribed particulars. 

(2) [Additional  Mandatory  Contents  of  the  International  Application]  (a) Any  Contracting 
Party whose Office is an Examining Office and whose law, at the time it becomes party to this 
Act, requires that an application for the grant of protection to an industrial design contain any 
of  the  elements  specified  in  subparagraph (b)  in  order  for  that  application  to  be  accorded  a 
filing date under that law may, in a declaration, notify the Director General of those elements. 

(b) 

The elements that may be notified pursuant to subparagraph (a) are the following: 

(i) 

indications concerning the identity of the creator of the industrial design that is 

the subject of that application; 

(ii) 

a  brief  description  of  the  reproduction  or  of  the  characteristic  features  of  the 

industrial design that is the subject of that application; 

(iii) 

a claim. 

(c)  Where  the  international  application  contains  the  designation  of  a  Contracting  Party 
that  has  made  a  notification  under  subparagraph (a),  it  shall  also  contain,  in  the  prescribed 
manner, any element that was the subject of that notification. 

(3) [Other  Possible  Contents  of  the  International  Application] The  international  application 
may contain or be accompanied by such other elements as are specified in the Regulations. 

(4) [Several  Industrial  Designs  in  the  Same  International  Application]  Subject  to  such 
conditions  as  may  be  prescribed,  an  international  application  may  include  two  or  more 
industrial designs. 

(5) [Request for Deferred Publication] The international application may contain a request for 
deferment of publication. 

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Article 6 

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Priority 

(1) [Claiming  of  Priority] (a) The  international  application  may  contain  a  declaration 
claiming,  under  Article 4  of  the  Paris  Convention,  the  priority  of  one  or  more  earlier 
applications filed in or for any country party to that Convention or any Member of the World 
Trade Organization. 

(b) 
The Regulations may provide that the declaration referred to in subparagraph (a) may 
be  made  after  the  filing  of  the  international  application.  In  such  case,  the  Regulations  shall 
prescribe the latest time by which such declaration may be made. 

(2) [International  Application  Serving  as  a  Basis  for  Claiming  Priority] The  international 
application  shall,  as  from  its  filing  date  and  whatever  may  be  its  subsequent  fate,  be 
equivalent to a regular filing within the meaning of Article 4 of the Paris Convention. 

Article 7 

Designation Fees 

(1) [Prescribed Designation Fee] The prescribed fees shall include, subject to paragraph (2), a 
designation fee for each designated Contracting Party. 

(2) [Individual Designation Fee] Any Contracting Party whose Office is an Examining Office 
and  any  Contracting  Party  that  is  an  intergovernmental  organization  may,  in  a  declaration, 
notify the Director General that, in connection with any international application in which it is 
designated, and in connection with the renewal of any international registration resulting from 
such  an  international  application,  the  prescribed  designation  fee  referred  to  in  paragraph (1) 
shall  be  replaced  by  an  individual  designation  fee,  whose  amount  shall  be  indicated  in  the 
declaration and can be changed in further declarations. The said amount may be fixed by the 
said Contracting Party for the initial term of protection and for each term of renewal or for the 
maximum period of protection allowed by the Contracting Party concerned. However, it may 
not  be  higher  than  the  equivalent  of  the  amount  which  the  Office  of  that  Contracting  Party 
would  be  entitled  to  receive  from  an  applicant  for  a  grant  of  protection  for  an  equivalent 
period to the same number of industrial designs, that amount being diminished by the savings 
resulting from the international procedure. 

(3) [Transfer of Designation Fees] The designation fees referred to in paragraphs (1) and (2) 
shall be transferred by the International Bureau to the Contracting Parties in respect of which 
those fees were paid. 

Article 8 

Correction of Irregularities 

(1) [Examination  of  the  International  Application] If  the  International  Bureau  finds  that  the 
international application does not, at the time of its receipt by the International Bureau, fulfill 
the  requirements  of  this  Act  and  the  Regulations,  it  shall  invite  the  applicant  to  make  the 
required corrections within the prescribed time limit. 

(2) [Irregularities  Not  Corrected] (a) If  the  applicant  does  not  comply  with  the  invitation 
within 
to 
the 
subparagraph (b), be considered abandoned. 

international  application  shall,  subject 

the  prescribed 

limit, 

time 

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(b) 
In the case of an irregularity which relates to Article 5(2) or to a special requirement 
notified to the Director General by a Contracting Party in accordance with the Regulations, if 
the  applicant  does  not  comply  with  the  invitation  within  the  prescribed  time  limit,  the 
international  application  shall  be  deemed  not  to  contain  the  designation  of  that  Contracting 
Party. 

Article 9 

Filing Date of the International Application 

(1) [International  Application  Filed  Directly] Where  the  international  application  is  filed 
directly  with  the  International  Bureau,  the  filing  date  shall,  subject  to  paragraph (3),  be  the 
date on which the International Bureau receives the international application. 

(2) [International  Application  Filed  Indirectly] Where  the  international  application  is  filed 
through the Office of the applicant’s Contracting Party, the filing date shall be determined as 
prescribed. 

(3) [International Application with Certain Irregularities] Where the international application 
has, on the date on which it is received by the International Bureau, an irregularity which is 
prescribed  as  an  irregularity  entailing  a  postponement  of  the  filing  date  of  the  international 
application,  the  filing  date  shall  be  the  date  on  which  the  correction  of  such  irregularity  is 
received by the International Bureau. 

Article 1015 

International Registration, Date of the International Registration, Publication and 
Confidential Copies of the International Registration 

(1) [International Registration] The International Bureau shall register each industrial design 
that  is  the  subject  of  an  international  application  immediately  upon  receipt  by  it  of  the 
international application or, where corrections are invited under Article 8, immediately upon 
receipt  of  the  required  corrections.  The  registration  shall  be  effected  whether  or  not 
publication is deferred under Article 11. 

(2) [Date  of  the  International  Registration] (a) Subject  to  subparagraph (b),  the  date  of  the 
international registration shall be the filing date of the international application. 

(b)  Where  the  international  application  has,  on  the  date  on  which  it  is  received  by  the 
International Bureau, an irregularity which relates to Article 5(2) , the date of the international 
registration  shall  be  the  date  on  which  the  correction  of  such  irregularity  is  received  by  the 
International Bureau or the filing date of the international application, whichever is the later. 

15 

When adopting Article 10, the Diplomatic Conference understood that nothing in this Article precludes 
access to the international application or the international registration by the applicant or the holder or a 
person having the consent of the applicant or the holder. 

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(3) [Publication] (a) The  international  registration  shall  be  published  by  the  International 
Bureau. Such publication shall be deemed in all Contracting Parties to be sufficient publicity, 
and no other publicity may be required of the holder. 

The  International  Bureau  shall  send  a  copy  of  the  publication  of  the  international 

(b) 
registration to each designated Office. 

(4) [Maintenance  of  Confidentiality  Before  Publication] Subject  to  paragraph (5)  and 
Article 11(4)(b),  the  International  Bureau  shall  keep  in  confidence  each  international 
application and each international registration until publication. 

(5) [Confidential Copies] (a) he International Bureau shall, immediately after registration has 
been effected, send a copy of the international registration, along with any relevant statement, 
document  or  specimen  accompanying  the  international  application,  to  each  Office  that  has 
notified the International Bureau that it wishes to receive such a copy and has been designated 
in the international application. 

(b) 
The Office shall, until publication of the international registration by the International 
Bureau, keep in confidence each international registration of which a copy has been sent to it 
by  the  International  Bureau  and  may  use  the  said  copy  only  for  the  purpose  of  the 
examination of the international registration and of applications for the protection of industrial 
designs filed in or for the Contracting Party for which the Office is competent. In particular, it 
may not divulge the contents of any such international registration to any person outside the 
Office  other  than  the  holder  of  that  international  registration,  except  for  the  purposes  of  an 
administrative  or  legal  proceeding  involving  a  conflict  over  entitlement  to  file  the 
international application on which the international registration is based. In the case of such 
an administrative or legal proceeding, the contents of the international registration may only 
be  disclosed  in  confidence  to  the  parties  involved  in  the  proceeding  who  shall  be  bound  to 
respect the confidentiality of the disclosure. 

Article 11 

Deferment of Publication 

of  Laws 

of  Contracting  Parties  Concerning  Deferment 

of 
(1) [Provisions 
Publication] (a) Where  the  law  of  a  Contracting  Party  provides  for  the  deferment  of  the 
publication of an industrial design for a period which is less than the prescribed period, that 
Contracting Party shall, in a declaration, notify the Director General of the allowable period 
of deferment. 

(b)  Where  the  law  of  a  Contracting  Party  does  not  provide  for  the  deferment  of  the 
publication  of  an  industrial  design,  the  Contracting  Party  shall,  in  a  declaration,  notify  the 
Director General of that fact. 

(2) [Deferment  of  Publication] Where  the  international  application  contains  a  request  for 
deferment of publication, the publication shall take place, 

(i) 

where  none  of  the  Contracting  Parties  designated  in  the  international 
application has made a declaration under paragraph (1), at the expiry of the prescribed period 
or, 

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(ii) 

where any of the Contracting Parties designated in the international application 
has  made  a  declaration  under  paragraph  (1)(a),  at  the  expiry  of  the  period  notified  in  such 
declaration or, where there is more than one such designated Contracting Party, at the expiry 
of the shortest period notified in their declarations. 

(3) [Treatment of Requests for Deferment Where Deferment Is Not Possible Under Applicable 
Law] Where deferment of publication has been requested and any of the Contracting Parties 
designated in the international application has made a declaration under paragraph (1)(b) that 
deferment of publication is not possible under its law, 

(i) 

subject  to  item (ii),  the  International  Bureau  shall  notify  the  applicant 
accordingly; if, within the prescribed period, the applicant does not, by notice in writing to the 
International Bureau, withdraw the designation of the said Contracting Party, the International 
Bureau shall disregard the request for deferment of publication; 

(ii) 

where,  instead  of  containing  reproductions  of  the  industrial  design,  the 
international  application  was  accompanied  by  specimens  of  the  industrial  design,  the 
International  Bureau  shall  disregard  the  designation  of  the  said  Contracting  Party  and  shall 
notify the applicant accordingly. 

for  Earlier  Publication  or 

(4) [Request 
the  International 
Registration] (a) At any time during the period of deferment applicable under paragraph (2), 
the holder may request publication of any or all of the industrial designs that are the subject of 
the  international  registration,  in  which  case  the  period  of  deferment  in  respect  of  such 
industrial design or designs shall be considered to have expired on the date of receipt of such 
request by the International Bureau. 

for  Special  Access 

to 

The  holder  may  also,  at  any  time  during  the  period  of  deferment  applicable  under 
(b) 
paragraph (2), request the International Bureau to provide a third party specified by the holder 
with an extract from, or to allow such a party access to, any or all of the industrial designs that 
are the subject of the international registration. 

(5) [Renunciation and Limitation] (a) If, at any time during the period of deferment applicable 
under  paragraph (2),  the  holder  renounces  the  international  registration  in  respect  of  all  the 
designated  Contracting  Parties,  the  industrial  design  or  designs  that  are  the  subject  of  the 
international registration shall not be published. 

(b) 
If,  at  any  time  during  the  period  of  deferment  applicable  under  paragraph (2),  the 
holder  limits  the  international  registration,  in  respect  of  all  of  the  designated  Contracting 
Parties,  to  one  or  some  of  the  industrial  designs  that  are  the  subject  of  the  international 
registration,  the  other  industrial  design  or  designs  that  are  the  subject  of  the  international 
registration shall not be published. 

(6) Publication  and  Furnishing  of  Reproductions] (a) At  the  expiration  of  any  period  of 
deferment  applicable  under  the  provisions  of  this  Article,  the  International  Bureau  shall, 
subject  to  the  payment  of  the  prescribed  fees,  publish  the  international  registration.  If  such 
fees are not paid as prescribed, the international registration shall be canceled and publication 
shall not take place. 

(b)  Where the international application was accompanied by one or more specimens of the 
industrial  design  in  accordance  with  Article 5(1)(iii),  the  holder  shall  submit  the  prescribed 

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number  of  copies  of  a  reproduction  of  each  industrial  design  that  is  the  subject  of  that 
application to the International Bureau within the prescribed time limit. To the extent that the 
holder does not do so, the international registration shall be canceled and publication shall not 
take place. 

Article 12 

Refusal 

(1) [Right  to  Refuse] The  Office  of  any  designated  Contracting  Party  may,  where  the 
conditions for the grant of protection under the law of that Contracting Party are not met in 
respect  of  any  or  all  of  the  industrial  designs  that  are  the  subject  of  an  international 
registration,  refuse  the  effects,  in  part  or  in  whole,  of  the  international  registration  in  the 
territory of the said Contracting Party, provided that no Office may refuse the effects, in part 
or in whole, of any international registration on the ground that requirements relating to the 
form  or  contents  of  the  international  application  that  are  provided  for  in  this  Act  or  the 
Regulations or are additional to, or different from, those requirements have not been satisfied 
under the law of the Contracting Party concerned. 

(2) [Notification of Refusal] (a) The refusal of the effects of an international registration shall 
be communicated by the Office to the International Bureau in a notification of refusal within 
the prescribed period. 

(b) 

Any notification of refusal shall state all the grounds on which the refusal is based. 

(3) [Transmission  of  Notification  of  Refusal;  Remedies] (a) The  International  Bureau  shall, 
without delay, transmit a copy of the notification of refusal to the holder. 

(b) 
The holder shall enjoy the same remedies as if any industrial design that is the subject 
of  the  international  registration  had  been  the  subject  of  an  application  for  the  grant  of 
protection  under  the  law  applicable  to  the  Office  that  communicated  the  refusal.  Such 
remedies shall at least consist of the possibility of a re-examination or a review of the refusal 
or an appeal against the refusal. 

(4)16 [Withdrawal of Refusal] Any refusal may be withdrawn, in part or in whole, at any time 
by the Office that communicated it. 

Article 13 

Special Requirements Concerning Unity of Design 

(1) [Notification  of  Special  Requirements] Any  Contracting  Party  whose  law,  at  the  time  it 
becomes  party  to  this  Act,  requires that designs that are the subject of the same application 

16 

When adopting Article 12(4), Article 14(2)(b) and Rule 18(4), the Diplomatic Conference understood 
that a withdrawal of refusal by an Office that has communicated a notification of refusal may take the 
form  of  a  statement  to  the  effect  that  the  Office  concerned  has  decided  to  accept  the  effects  of  the 
international registration in respect of the industrial designs, or some of the industrial designs, to which 
the notification of refusal related. It was also understood that an Office may, within the period allowed 
for communicating a notification of refusal, send a statement to the effect that it has decided to accept 
the effects of the international registration even where it has not communicated such a notification of 
refusal. 

EN 

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   EN 

 
                                                 
conform to a requirement of unity of design, unity of production or unity of use, or belong to 
the same set or composition of items, or that only one independent and distinct design may be 
claimed in a single application, may, in a declaration, notify the Director General accordingly. 
However,  no  such  declaration  shall  affect  the  right  of  an  applicant  to  include  two  or  more 
industrial designs in an international application in accordance with Article 5(4), even if the 
application designates the Contracting Party that has made the declaration. 

(2) [Effect  of  Declaration] Any  such  declaration  shall  enable  the  Office  of  the  Contracting 
Party  that  has  made  it  to  refuse  the  effects  of  the  international  registration  pursuant  to 
Article 12(1) pending compliance with the requirement notified by that Contracting Party. 

(3) [Further  Fees  Payable  on  Division  of  Registration] Where,  following  a  notification  of 
refusal  in  accordance  with  paragraph (2),  an  international  registration  is  divided  before  the 
Office  concerned  in  order  to  overcome  a  ground  of  refusal  stated  in  the  notification,  that 
Office shall be entitled to charge a fee in respect of each additional international application 
that would have been necessary in order to avoid that ground of refusal. 

Article 14 

Effects of the International Registration 

(1) [Effect as Application Under Applicable Law] The international registration shall, from the 
date  of  the  international  registration,  have  at  least  the  same  effect  in  each  designated 
Contracting Party as a regularly-filed application for the grant of protection of the industrial 
design under the law of that Contracting Party. 

(2) [Effect as Grant of Protection Under Applicable Law] (a) In each designated Contracting 
Party the Office of which has not communicated a refusal in accordance with Article 12, the 
international registration shall have the same effect as a grant of protection for the industrial 
design under the law of that Contracting Party at the latest from the date of expiration of the 
period  allowed  for  it  to  communicate  a  refusal  or,  where  a  Contracting  Party  has  made  a 
corresponding  declaration  under  the  Regulations,  at  the  latest  at  the  time  specified  in  that 
declaration. 

(b)17  Where the Office of a designated Contracting Party has communicated a refusal and 
has  subsequently  withdrawn,  in  part  or  in  whole,  that  refusal,  the  international  registration 
shall, to the extent that the refusal is withdrawn, have the same effect in that Contracting Party 
as a grant of protection for the industrial design under the law of the said Contracting Party at 
the latest from the date on which the refusal was withdrawn. 

(c) 
The effect given to the international registration under this paragraph shall apply to the 
industrial  design  or  designs  that  are  the  subject  of  that  registration  as  received  from  the 
International  Bureau  by  the  designated  Office  or,  where  applicable,  as  amended  in  the 
procedure before that Office. 

(3) [Declaration Concerning Effect of Designation of Applicant’s Contracting Party] (a) Any 
Contracting  Party  whose  Office  is  an  Examining  Office  may,  in  a  declaration,  notify  the 

17 

See footnote 16. 

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Director  General  that,  where  it  is  the  applicant’s  Contracting  Party,  the  designation  of  that 
Contracting Party in an international registration shall have no effect. 

(b)  Where a Contracting Party having made the declaration referred to in subparagraph (a) 
is indicated in an international application both as the applicant’s Contracting Party and as a 
designated Contracting Party, the International Bureau shall disregard the designation of that 
Contracting Party. 

Article 15 

Invalidation 

(1) [Requirement  of  Opportunity  of  Defense]  Invalidation,  by  the  competent  authorities  of  a 
designated  Contracting  Party,  of  the  effects,  in  part  or  in  whole,  in  the  territory  of  that 
Contracting Party, of the international registration may not be pronounced without the holder 
having, in good time, been afforded the opportunity of defending his rights. 

(2) [Notification  of  Invalidation] The  Office  of  the  Contracting  Party  in  whose  territory  the 
effects  of  the  international  registration  have  been  invalidated  shall,  where  it  is  aware  of  the 
invalidation, notify it to the International Bureau. 

Article 16 

Recording of Changes and Other Matters 

Concerning International Registrations 

(1) [Recording of Changes and Other Matters] The International Bureau shall, as prescribed, 
record in the International Register 

(i) 

any change in ownership of the international registration, in respect of any or 
all of the designated Contracting Parties and in respect of any or all of the industrial designs 
that are the subject of the international registration, provided that the new owner is entitled to 
file an international application under Article 3, 

(ii) 

any change in the name or address of the holder, 

(iii) 

the  appointment  of  a  representative  of  the  applicant  or  holder  and  any  other 

relevant fact concerning such representative, 

(iv) 

any renunciation, by the holder, of the international registration, in respect of 

any or all of the designated Contracting Parties, 

(v) 

any limitation, by the holder, of the international registration, in respect of any 
or all of the designated Contracting Parties, to one or some of the industrial designs that are 
the subject of the international registration, 

(vi) 

any  invalidation,  by  the  competent  authorities  of  a  designated  Contracting 
Party, of the effects, in the territory of that Contracting Party, of the international registration 
in  respect  of  any  or  all  of  the  industrial  designs  that  are  the  subject  of  the  international 
registration, 

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(vii) 

any other relevant fact, identified in the Regulations, concerning the rights in 

any or all of the industrial designs that are the subject of the international registration. 

(2) [Effect of Recording in International Register] Any recording referred to in items (i), (ii), 
(iv), (v), (vi) and (vii) of paragraph (1) shall have the same effect as if it had been made in the 
Register of the Office of each of the Contracting Parties concerned, except that a Contracting 
Party may, in a declaration, notify the Director General that a recording referred to in item (i) 
of  paragraph (1)  shall  not  have  that  effect  in  that  Contracting  Party  until  the  Office  of  that 
Contracting Party has received the statements or documents specified in that declaration. 

(3) [Fees] Any recording made under paragraph (1) may be subject to the payment of a fee. 

(4) [Publication] The  International  Bureau  shall  publish  a  notice  concerning  any  recording 
made under paragraph (1). It shall send a copy of the publication of the notice to the Office of 
each of the Contracting Parties concerned. 

Article 17 

Initial Term and Renewal of the International Registration and Duration of Protection 

(1) [Initial  Term  of  the  International  Registration] The  international  registration  shall  be 
effected for an initial term of five years counted from the date of the international registration. 

(2) [Renewal of the International Registration] The international registration may be renewed 
for additional terms of five years, in accordance with the prescribed procedure and subject to 
the payment of the prescribed fees. 

(3) [Duration  of  Protection  in  Designated  Contracting  Parties]  (a)  Provided  that  the 
international  registration  is  renewed,  and  subject  to  subparagraph (b),  the  duration  of 
protection shall, in each of the designated Contracting Parties, be 15 years counted from the 
date of the international registration. 

(b)  Where the law of a designated Contracting Party provides for a duration of protection 
of  more  than  15 years  for  an  industrial  design  for  which  protection  has  been  granted  under 
that  law,  the  duration  of  protection  shall,  provided  that  the  international  registration  is 
renewed, be the same as that provided for by the law of that Contracting Party. 

Each  Contracting  Party  shall,  in  a  declaration,  notify  the  Director  General  of  the 

(c) 
maximum duration of protection provided for by its law. 

(4) Possibility  of  Limited  Renewal] The  renewal  of  the  international  registration  may  be 
effected for any or all of the designated Contracting Parties and for any or all of the industrial 
designs that are the subject of the international registration. 

(5) [Recording and Publication of Renewal] The International Bureau shall record renewals in 
the  International  Register  and  publish  a  notice  to  that  effect.  It  shall  send  a  copy  of  the 
publication of the notice to the Office of each of the Contracting Parties concerned. 

Article 18 

Information Concerning Published International Registrations 

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(1) [Access  to  Information] The  International  Bureau  shall  supply  to  any  person  applying 
therefor, upon the payment of the prescribed fee, extracts from the International Register, or 
information concerning the contents of the International Register, in respect of any published 
international registration. 

(2) Exemption  from  Legalization] Extracts  from  the  International  Register  supplied  by  the 
International  Bureau  shall  be  exempt  from  any  requirement  of  legalization  in  each 
Contracting Party. 

CHAPTER II 

ADMINISTRATIVE PROVISIONS 

Article 19 

Common Office of Several States 

(1) [Notification  of  Common  Office] If  several  States  intending  to  become  party  to  this  Act 
have  effected,  or  if  several  States  party  to  this  Act  agree  to  effect,  the  unification  of  their 
domestic legislation on industrial designs, they may notify the Director General 

(i) 
them, and 

that  a  common  Office  shall  be  substituted  for  the  national  Office  of  each  of 

(ii) 

that  the  whole  of  their  respective  territories  to  which  the  unified  legislation 
applies shall be deemed to be a single Contracting Party for the purposes of the application of 
Articles 1, 3 to 18 and 31 of this Act. 

(2) [Time  at  Which  Notification  Is  to  Be  Made] The  notification  referred  to  in  paragraph (1) 
shall be made, 

(i) 

in the case of States intending to become party to this Act, at the time of the 

deposit of the instruments referred to in Article 27(2); 

(ii) 

in the case of States party to this Act, at any time after the unification of their 

domestic legislation has been effected. 

(3) Date of Entry into Effect of the Notification] The notification referred to in paragraphs (1) 
and (2) shall take effect, 

(i) 

in  the  case  of  States  intending  to  become  party  to  this  Act,  at  the  time  such 

States become bound by this Act; 

(ii) 

in  the  case  of  States  party  to  this  Act,  three  months  after  the  date  of  the 
communication thereof by the Director General to the other Contracting Parties or at any later 
date indicated in the notification. 

Article 20 

Membership of the Hague Union 

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The Contracting Parties shall be members of the same Union as the States party to the 1934 
Act or the 1960 Act. 

Article 21 

Assembly 

(1) [Composition] (a) The Contracting Parties shall be members of the same Assembly as the 
States bound by Article 2 of the Complementary Act of 1967. 

(b) 
Each member of the Assembly shall be represented in the Assembly by one delegate, 
who  may  be  assisted  by  alternate  delegates,  advisors  and  experts,  and  each  delegate  may 
represent only one Contracting Party. 

(c)  Members of the Union that are not members of the Assembly shall be admitted to the 
meetings of the Assembly as observers. 

(2) [Tasks] (a) The Assembly shall 

(i) 

deal  with  all  matters  concerning  the  maintenance  and  development  of  the 

Union and the implementation of this Act; 

(ii) 

exercise such rights and perform such tasks as are specifically conferred upon 

it or assigned to it under this Act or the Complementary Act of 1967; 

(iii) 

give  directions  to  the  Director  General  concerning  the  preparations  for 

conferences of revision and decide the convocation of any such conference; 

(iv) 

amend the Regulations; 

(v) 

review  and  approve  the  reports  and  activities  of  the  Director  General 
concerning  the  Union,  and  give  the  Director  General  all  necessary  instructions  concerning 
matters within the competence of the Union; 

(vi) 

determine  the  program  and  adopt  the  biennial  budget  of  the  Union,  and 

approve its final accounts; 

(vii) 

adopt the financial regulations of the Union; 

(viii)  establish  such  committees  and  working  groups  as  it  deems  appropriate  to 

achieve the objectives of the Union; 

(ix) 

subject 

intergovernmental 
organizations  and  non-governmental  organizations  shall  be  admitted  to  its  meetings  as 
observers; 

to  paragraph (1)I,  determine  which  States, 

(x) 

take  any  other  appropriate  action  to  further  the  objectives  of  the  Union  and 

perform any other functions as are appropriate under this Act. 

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(b)  With respect to matters which are also of interest to other Unions administered by the 
Organization,  the  Assembly  shall  make  its  decisions  after  having  heard  the  advice  of  the 
Coordination Committee of the Organization. 

(3) [Quorum] (a) One-half  of  the  members  of  the  Assembly  which  are  States  and  have  the 
right to vote on a given matter shall constitute a quorum for the purposes of the vote on that 
matter. 

Notwithstanding the provisions of subparagraph (a), if, in any session, the number of 
(b) 
the members of the Assembly which are States, have the right to vote on a given matter and 
are represented is less than one-half but equal to or more than one-third of the members of the 
Assembly which are States and have the right to vote on that matter, the Assembly may make 
decisions  but,  with  the  exception  of  decisions  concerning  its  own  procedure,  all  such 
decisions  shall  take  effect  only  if  the  conditions  set  forth  hereinafter  are  fulfilled.  The 
International  Bureau  shall  communicate  the  said  decisions  to  the  members  of  the  Assembly 
which are States, have the right to vote on the said matter and were not represented and shall 
invite them to express in writing their vote or abstention within a period of three months from 
the  date  of  the  communication.  If,  at  the  expiration  of  this  period,  the  number  of  such 
members  having  thus  expressed  their  vote  or  abstention  attains  the  number  of  the  members 
which  was  lacking  for  attaining  the  quorum  in  the  session  itself,  such  decisions  shall  take 
effect provided that at the same time the required majority still obtains. 

(4) [Taking Decisions in the Assembly] (a) The Assembly shall therefore take its decisions by 
consensus. 

(b)  Where  a  decision  cannot  be  arrived  at  by  consensus,  the  matter  at  issue  shall  be 
decided by voting. In such a case, 

(i) 
its own name, and 

each Contracting Party that is a State shall have one vote and shall vote only in 

(ii) 

any  Contracting  Party  that  is  an  intergovernmental  organization  may  vote,  in 
place of its Member States, with a number of votes equal to the number of its Member States 
which  are  party  to  this  Act,  and  no  such  intergovernmental  organization  shall  participate  in 
the vote if any one of its Member States exercises its right to vote, and vice versa. 

(c) 
On matters concerning only States that are bound by Article 2 of the Complementary 
Act of 1967, Contracting Parties that are not bound by the said Article shall not have the right 
to vote, whereas, on matters concerning only Contracting Parties, only the latter shall have the 
right to vote. 

(5) [Majorities] (a) Subject  to  Articles 24(2)  and 26(2),  the  decisions  of  the  Assembly  shall 
require two-thirds of the votes cast. 

(b) 

Abstentions shall not be considered as votes. 

(6) [Sessions] (a) The  Assembly  shall  meet  once  in  every  second  calendar  year  in  ordinary 
session  upon  convocation  by  the  Director  General  and,  in  the  absence  of  exceptional 
circumstances, during the same period and at the same place as the General Assembly of the 
Organization. 

EN 

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(b) 
The  Assembly  shall  meet  in  extraordinary  session  upon  convocation  by  the  Director 
General, either at the request of one-fourth of the members of the Assembly or on the Director 
General’s own initiative. 

(c) 

The agenda of each session shall be prepared by the Director General. 

(7) [Rules of Procedure] The Assembly shall adopt its own rules of procedure. 

Article 22 

International Bureau 

(1) [Administrative Tasks] (a) International registration and related duties, as well as all other 
administrative tasks concerning the Union, shall be performed by the International Bureau. 

(b) 
In  particular,  the  International  Bureau  shall  prepare  the  meetings  and  provide  the 
secretariat of the Assembly and of such committees of experts and working groups as may be 
established by the Assembly. 

(2) [Director  General] The  Director  General  shall  be  the  chief  executive  of  the  Union  and 
shall represent the Union. 

(3) Meetings  Other  than  Sessions  of  the  Assembly] The  Director  General  shall  convene  any 
committee  and  working  group  established  by  the  Assembly  and  all  other  meetings  dealing 
with matters of concern to the Union. 

(4) [Role  of  the  International  Bureau  in  the  Assembly  and  Other  Meetings] (a) The  Director 
General and persons designated by the Director General shall participate, without the right to 
vote, in all meetings of the Assembly, the committees and working groups established by the 
Assembly, and any other meetings convened by the Director General under the aegis of the 
Union. 

(b) 
The  Director  General  or  a  staff  member  designated  by  the  Director  General  shall  be 
ex officio  secretary  of  the  Assembly,  and  of  the  committees,  working  groups  and  other 
meetings referred to in subparagraph (a). 

(5) [Conferences] (a) The International Bureau shall, in accordance with the directions of the 
Assembly, make the preparations for any revision conferences. 

The  International  Bureau  may  consult  with  intergovernmental  organizations  and 

(b) 
international and national non-governmental organizations concerning the said preparations. 

The Director General and persons designated by the Director General shall take part, 

(c) 
without the right to vote, in the discussions at revision conferences. 

(6) [Other  Tasks] The  International  Bureau  shall  carry  out  any  other  tasks  assigned  to  it  in 
relation to this Act. 

Article 23 

Finances 

29 

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(1) [Budget] (a) The Union shall have a budget. 

(b) 
The budget of the Union shall include the income and expenses proper to the Union 
and  its  contribution  to  the  budget  of  expenses  common  to  the  Unions  administered  by  the 
Organization. 

(c) 
Expenses  not  attributable  exclusively  to  the  Union  but  also  to  one  or  more  other 
Unions administered by the Organization shall be considered to be expenses common to the 
Unions.  The  share  of  the  Union  in  such  common  expenses  shall  be  in  proportion  to  the 
interest the Union has in them. 

(2) [Coordination with Budgets of Other Unions] The budget of the Union shall be established 
with  due  regard  to  the  requirements  of  coordination  with  the  budgets  of  the  other  Unions 
administered by the Organization. 

(3) [Sources of Financing of the Budget] The budget of the Union shall be financed from the 
following sources: 

(i) 

fees relating to international registrations; 

(ii) 

charges due for other services rendered by the International Bureau in relation 

to the Union; 

(iii) 
the Union; 

sale of, or royalties on, the publications of the International Bureau concerning 

(iv) 

gifts, bequests and subventions; 

(v) 

rents, interests and other miscellaneous income. 

(4) [Fixing of Fees and Charges; Level of the Budget] (a) The amounts of the fees referred to 
in  paragraph (3)(i)  shall  be  fixed  by  the  Assembly  on  the  proposal  of  the  Director  General. 
Charges referred to in paragraph 3(ii) shall be established by the Director General and shall be 
provisionally applied subject to approval by the Assembly at its next session. 

The  amounts  of  the  fees  referred  to  in  paragraph (3)(i)  shall  be  so  fixed  that  the 
(b) 
revenues of the Union from fees and other sources shall be at least sufficient to cover all the 
expenses of the International Bureau concerning the Union. 

If the budget is not adopted before the beginning of a new financial period, it shall be 

(c) 
at the same level as the budget of the previous year, as provided in the financial regulations. 

(5) [Working  Capital  Fund] The  Union  shall  have  a  working  capital  fund  which  shall  be 
constituted  by  the  excess  receipts  and,  if  such  excess  does  not  suffice,  by  a  single  payment 
made  by  each  member  of  the  Union.  If  the  fund  becomes  insufficient,  the  Assembly  shall 
decide to increase it. The proportion and the terms of payment shall be fixed by the Assembly 
on the proposal of the Director General. 

(6) [Advances  by  Host  State] (a)  In  the  headquarters  agreement  concluded  with  the  State  on 
the  territory  of  which  the  Organization  has  its  headquarters,  it  shall  be  provided  that, 
whenever  the  working  capital  fund  is  insufficient,  such  State  shall  grant  advances.  The 

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amount of those advances and the conditions on which they are granted shall be the subject of 
separate agreements, in each case, between such State and the Organization. 

(b) 
The  State  referred  to  in  subparagraph (a)  and  the  Organization  shall  each  have  the 
right to denounce the obligation to grant advances, by written notification. Denunciation shall 
take effect three years after the end of the year in which it has been notified. 

(7) [Auditing of Accounts] The auditing of the accounts shall be effected by one or more of the 
States members of the Union or by external auditors, as provided in the financial regulations. 
They shall be designated, with their agreement, by the Assembly. 

Article 24 

Regulations 

(1) Subject Matter] The Regulations shall govern the details of the implementation of this Act. 
They shall, in particular, include provisions concerning 

(i) 

matters which this Act expressly provides are to be prescribed; 

(ii) 

further details concerning, or any details useful in the implementation of,  the 

provisions of this Act; 

(iii) 

any administrative requirements, matters or procedures. 

(2) [Amendment  of  Certain  Provisions  of  the  Regulations] (a) The  Regulations  may  specify 
that  certain  provisions  of  the  Regulations  may  be  amended  only  by  unanimity  or  only  by  a 
four-fifths majority. 

(b) 
In order for the requirement of unanimity or a four-fifths majority no longer to apply 
in the future to the amendment of a provision of the Regulations, unanimity shall be required. 

(c) 
In  order  for  the  requirement  of  unanimity  or  a  four-fifths  majority  to  apply  in  the 
future  to  the  amendment  of  a  provision  of  the  Regulations,  a  four-fifths  majority  shall  be 
required. 

(3) [Conflict  Between  This  Act  and  the  Regulations] In  the  case  of  conflict  between  the 
provisions of this Act and those of the Regulations, the former shall prevail. 

CHAPTER III 

REVISION AND AMENDMENT 

Article 25 

Revision of This Act 

(1) [Revision  Conferences] This  Act  may  be  revised  by  a  conference  of  the  Contracting 
Parties. 

(2) [Revision or Amendment of Certain Articles] Articles 21, 22, 23 and 26 may be amended 
either by a revision conference or by the Assembly according to the provisions of Article 26. 

EN 

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Article 26 

Amendment of Certain Articles by the Assembly 

(1) [Proposals  for  Amendment] (a) Proposals  for  the  amendment  by  the  Assembly  of 
Articles 21,  22,  23  and  this  Article  may  be  initiated  by  any  Contracting  Party  or  by  the 
Director General. 

Such  proposals  shall  be  communicated  by  the  Director  General  to  the  Contracting 

(b) 
Parties at least six months in advance of their consideration by the Assembly. 

(2) [Majorities] Adoption of any amendment to the Articles referred to in paragraph (1) shall 
require a three-fourths majority, except that adoption of any amendment to Article 21 or to the 
present paragraph shall require a four-fifths majority. 

(3) [Entry  into  Force] (a) Except  where  subparagraph (b)  applies,  any  amendment  to  the 
Articles referred to in paragraph (1) shall enter into force one month after written notifications 
of acceptance, effected in accordance with their respective constitutional processes, have been 
received by the Director General from three-fourths of those Contracting Parties which, at the 
time the amendment was adopted, were members of the Assembly and had the right to vote on 
that amendment. 

(b) 
Any  amendment  to  Article 21(3)  or (4)  or  to  this  subparagraph  shall  not  enter  into 
force if, within six months of its adoption by the Assembly, any Contracting Party notifies the 
Director General that it does not accept such amendment. 

(c) 
Any  amendment  which  enters  into  force  in  accordance  with  the  provisions  of  this 
paragraph shall bind all the States and intergovernmental organizations which are Contracting 
Parties at the time the amendment enters into force, or which become Contracting Parties at a 
subsequent date. 

CHAPTER IV 

FINAL PROVISIONS 

Article 27 

Becoming Party to This Act 

(1) [Eligibility] Subject to paragraphs (2) and (3) and Article 28, 

(i) 

any State member of the Organization may sign and become party to this Act; 

(ii) 

any  intergovernmental  organization  which  maintains  an  Office  in  which 
protection  of  industrial  designs  may  be  obtained  with  effect  in  the  territory  in  which  the 
constituting treaty of the intergovernmental organization applies may sign and become party 
to  this  Act,  provided  that  at  least  one  of  the  member  States  of  the  intergovernmental 
organization is a member of the Organization and provided that such Office is not the subject 
of a notification under Article 19. 

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(2) [Ratification  or  Accession] Any  State  or  intergovernmental  organization  referred  to  in 
paragraph (1) may deposit 

(i) 

an instrument of ratification if it has signed this Act, or 

(ii) 

an instrument of accession if it has not signed this Act. 

(3) [Effective Date of Deposit] (a) Subject to subparagraphs (b) to (d), the effective date of the 
deposit of an instrument of ratification or accession shall be the date on which that instrument 
is deposited. 

(b) 
The effective date of the deposit of the instrument of ratification or accession of any 
State  in  respect  of  which  protection  of  industrial  designs may  be  obtained  only  through  the 
Office maintained by an intergovernmental organization of which that State is a member shall 
be the date on which the instrument of that intergovernmental organization is deposited if that 
date is later than the date on which the instrument of the said State has been deposited. 

(c) 
The  effective  date  of  the  deposit  of  any  instrument  of  ratification  or  accession 
containing  or  accompanied  by  the  notification  referred  to  in  Article 19  shall  be  the  date  on 
which the last of the instruments of the States members of the group of States having made 
the said notification is deposited. 

(d) 
Any instrument of ratification or accession of a State may contain or be accompanied 
by a declaration making it a condition to its being considered as deposited that the instrument 
of  one  other  State  or  one  intergovernmental  organization,  or  the  instruments  of  two  other 
States, or the instruments of one other State and one intergovernmental organization, specified 
by  name  and  eligible  to  become  party  to  this  Act,  is  or  are  also  deposited.  The  instrument 
containing or accompanied by such a declaration shall be considered to have been deposited 
on the day on which the condition indicated in the declaration is fulfilled. However, when an 
instrument  specified  in  the  declaration  itself  contains,  or  is  itself  accompanied  by,  a 
declaration  of  the  said  kind,  that  instrument  shall  be  considered  as  deposited  on  the  day  on 
which the condition specified in the latter declaration is fulfilled. 

(e) 
Any declaration made under paragraph (d) may be withdrawn, in its entirety or in part, 
at any time. Any such withdrawal shall become effective on the date on which the notification 
of withdrawal is received by the Director General. 

Article 28 

Effective Date of Ratifications and Accessions 

(1) [Instruments  to  Be  Taken  into  Consideration] or  the  purposes  of  this  Article,  only 
instruments  of  ratification  or  accession  that  are  deposited  by  States  or  intergovernmental 
organizations  referred  to  in  Article 27(1)  and  that  have  an  effective  date  according  to 
Article 27(3) shall be taken into consideration. 

(2) [Entry into Force of This Act] this Act shall enter into force three months after six States 
have  deposited  their  instruments  of  ratification or accession, provided that, according to the 
most  recent  annual  statistics  collected  by  the  International  Bureau,  at  least  three  of  those 
States fulfil at least one of the following conditions: 

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33 

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(i) 

at  least  3,000  applications  for  the  protection  of  industrial  designs  have  been 

filed in or for the State concerned, or 

(ii) 

at  least  1,000  applications  for  the  protection  of  industrial  designs  have  been 

filed in or for the State concerned by residents of States other than that State. 

(3) [Entry  into  Force  of  Ratifications  and  Accessions] (a) Any  State  or  intergovernmental 
organization  that  has  deposited  its  instrument  of  ratification  or  accession  three  months  or 
more before the date of entry into force of this Act shall become bound by this Act on the date 
of entry into force of this Act. 

(b) 
Any  other  State  or  intergovernmental  organization  shall  become  bound  by  this  Act 
three months after the date on which it has deposited its instrument of ratification or accession 
or at any later date indicated in that instrument. 

Article 29 

Prohibition of Reservations 

No reservations to this Act are permitted. 

Article 30 

Declarations Made by Contracting Parties 

(1) [Time  at  Which  Declarations  May  Be  Made] Any  declaration  under  Articles 4(1)(b), 
5(2)(a), 7(2), 11(1), 13(1), 14(3), 16(2) or 17(3)(c) may be made 

(i) 

at the time of the deposit of an instrument referred to in Article 27(2), in which 
case  it  shall  become  effective  on  the  date  on  which  the  State  or  intergovernmental 
organization having made the declaration becomes bound by this Act, or 

(ii) 

after the deposit of an instrument referred to in Article 27(2), in which case it 
shall become effective three months after the date of its receipt by the Director General or at 
any later date indicated in the declaration but shall apply only in respect of any international 
registration  whose  date  of  international  registration  is  the  same  as,  or  is  later  than,  the 
effective date of the declaration. 

(2) [Declarations  by  States  Having  a  Common  Office]  Notwithstanding  paragraph (1),  any 
declaration referred to in that paragraph that has been made by a State which has, with another 
State or other States, notified the Director General under Article 19(1) of the substitution of a 
common  Office  for  their  national  Offices  shall  become  effective  only  if  that  other  State  or 
those other States makes or make a corresponding declaration or corresponding declarations. 

(3) [Withdrawal  of  Declarations] Any  declaration  referred  to  in  paragraph (1)  may  be 
withdrawn  at  any  time  by  notification  addressed  to  the  Director  General.  Such  withdrawal 
shall take effect three months after the date on which the Director General has received the 
notification or at any later date indicated in the notification. In the case of a declaration made 
under Article 7(2), the withdrawal shall not affect international applications filed prior to the 
coming into effect of the said withdrawal. 

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Article 31 

Applicability of the 1934 and 1960 Acts 

(1) [Relations  Between  States  Party  to  Both  This  Act  and  the  1934  or  1960  Acts] This  Act 
alone shall be applicable as regards the mutual relations of States party to both this Act and 
the 1934 Act or the 1960 Act. However, such States shall, in their mutual relations, apply the 
1934  Act  or  the  1960  Act,  as  the  case  may  be,  to  industrial  designs  deposited  at  the 
International Bureau prior to the date on which this Act becomes applicable as regards their 
mutual relations. 

(2) [Relations  Between  States  Party  to  Both  This  Act  and  the  1934  or  1960  Acts  and  States 
Party to the 1934 or 1960 Acts Without Being Party to This Act] (a) ny State that is party to 
both this Act and the 1934 Act shall continue to apply the 1934 Act in its relations with States 
that are party to the 1934 Act without being party to the 1960 Act or this Act. 

Any State that is party to both this Act and the 1960 Act shall continue to apply the 
(b) 
1960 Act in its relations with States that are party to the 1960 Act without being party to this 
Act. 

Article 32 

Denunciation of This Act 

(1) [Notification] Any Contracting Party may denounce this Act by notification addressed to 
the Director General. 

(2) [Effective  Date] Denunciation  shall  take  effect  one  year  after  the  date  on  which  the 
Director General has received the notification or at any later date indicated in the notification. 
It shall not affect the application of this Act to any international application pending and any 
international registration in force in respect of the denouncing Contracting Party at the time of 
the coming into effect of the denunciation. 

Article 33 

Languages of This Act; Signature 

(1) [Original  Texts;  Official  Texts] (a) This  Act  shall  be  signed  in  a  single  original  in  the 
English,  Arabic,  Chinese,  French,  Russian  and  Spanish  languages,  all  texts  being  equally 
authentic. 

Official texts shall be established by the Director General, after consultation with the 

(b) 
interested Governments, in such other languages as the Assembly may designate. 

(2) [Time Limit for Signature] This Act shall remain open for signature at the headquarters of 
the Organization for one year after its adoption. 

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35 

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Article 34 

Depositary 

The Director General shall be the depositary of this Act. 

DECLARATION 

on direct filing 

The President of the Council, when depositing this instrument of accession with the Director-
General of WIPO, shall attach the following declaration to the instrument of accession: 

“The European Community declares that international applications may not be filed through 
its Office.” 

DECLARATION 

on the individual fee system 

The President of the Council, when depositing this instrument of accession with the Director-
General of WIPO, shall attach the following declaration to the instrument of accession: 

“The European Community declares that, in connection with each international registration in 
which  it  is  designed,  and  in  connection  with  the  renewal  of  any  international  registration 
resulting from such an international application, the prescribed designation fee referred to in 
Article  7  (1)  of  the  Geneva  Act  shall  be  replaced  by  an  individual  designation  fee,  whose 
amount shall be: ….. ”18 

DECLARATION 

on the duration of protection in the European Community 

The President of the Council, when depositing this instrument of accession with the Director-
General of WIPO, shall attach the following declaration to the instrument of accession: 

“The European Community declares that the maximum duration of protection provided for by 
its law is 25 years.”  

18 

On the basis of a financial analysis of the impact of the accession of the European Community to the 
Geneva  Act,  the  European  Commission  will  propose  an  amendment  to  Commission  Regulation  (EC) 
No 2246/2002 of 16 December 2002 on the fees payable to the Office for Harmonization in the Internal 
Market  (Trade  Marks  and  Designs)  in  respect  of  the  registration  of  Community  designs  (OJ  L  341, 
17.12.2002, p. 54). 

EN 

36 

   EN 

 
                                                 
LEGISLATIVE FINANCIAL STATEMENT 

Policy area: Internal Market for Goods and Services 

Activity:  Prepare  access  of  the  European  Community  to  the  Geneva  Act  on  the 
international registration of designs 

TITLE OF ACTION: PROPOSAL FOR  A COUNCIL DECISION APPROVING THE ACCESSION OF  THE 
EUROPEAN COMMUNITY TO THE GENEVA ACT OF THE HAGUE AGREEMENT CONCERNING THE 
INTERNATIONAL  REGISTRATION  OF  INDUSTRIAL  DESIGNS,  ADOPTED  IN  GENEVA  ON  2  JULY 
1999. 

1. 

2. 

BUDGET LINE(S) + HEADING(S) 

OVERALL FIGURES  

2.1. 

Total allocation for action (Part B): € million for commitment 

Not applicable 

2.2. 

Period of application: 

(start and expiry years) 

Start: Date of entry into force 

Expiry: Indefinite 

2.3. 

Overall multiannual estimate of expenditure: 

(a) 

Schedule  of  commitment  appropriations/payment  appropriations 
intervention) (see point 6.1.1) 

(financial 

None 

(b) 

Technical and administrative assistance and support expenditure (see point 6.1.2) 

None 

(c) 

Overall  financial  impact  of  human  resources  and  other  administrative  expenditure 
(see points 7.2 and 7.3) 

€ million (to three decimal places) 

Commitments/ 
payments 

2006 
0.054 

2007 
2008 
0.054  0.054 

2009 
0.054 

2010 
0.054 

2011 
0.054 

Total 
0.324 

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   EN 

 
 
 
 
 
 
 
 
 
 
 
 
TOTAL a+b+c 

Commitments 

0.054 

0.054 

0.054 

0.054 

0.054 

0.054 

0.324 

Payments 

0.054 

0.054 

0.054 

0.054 

0.054 

0.054 

0.324 

2.4. 

Compatibility with financial programming and financial perspective 

[X]  Proposal is compatible with existing financial programming. 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement. 

2.5. 

Financial impact on revenue: 

[X]  Proposal  has  no  financial  implications  (involves  technical  aspects  regarding 

implementation of a measure) 

OR 

Proposal has financial impact – the effect on revenue is as follows: 

Not applicable 

3. 

BUDGET CHARACTERISTICS 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
form applicant 
countries 

Heading in 
financial 
perspective 

Non-comp 

Diff 

NO 

NO 

NO 

No 5 

4. 

LEGAL BASIS  

Articles 308 EC in conjunction with Article 300(2) EC and Article 300(3) EC 

5. 

DESCRIPTION AND GROUNDS 

5.1. 

Need for Community intervention  

5.1.1.  Objectives pursued 

The objective of the proposal is to establish a link between the Community design system and 
the international registration system established under the Geneva Act of the Hague System. 
This  link  will  enable  designers  to  file  a  single  international  application  at  the  International 
Bureau of WIPO designating, amongst other Contracting Parties, the European Community in 
order to obtain protection under the Community design system. 

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5.1.2.  Measures taken in connection with ex ante evaluation  

The  European  Community  already  showed  its  great  interest  in  the  Hague  System  when  it 
decided  to  take  an  active  part  in  the  international  negotiations  which  led  to  the 
Diplomatic  Conference  held  in  Geneva  in  1999,  when  the  new  act  was  adopted. 
Organizations representing the potential users of both the Community design system 
and the international registration system repeatedly expressed their strong interest in 
establishing  a  link  between  the  two  systems.  In  2004  the  Commission  launched  a 
consultation  with  interested  parties  (Member  States,  business  and  professional 
organisations,  and  private  companies)  on  the  possible  impact  of  business  on  the 
accession  of  the  EC  to  the  Hague  System.  An  overwhelming  majority  of  the 
responses,  bordering  on  unanimity,  supported  the  idea  that  the  Community  should 
accede in the near future to the Geneva Act. 

5.1.3.  Measures taken following ex post evaluation 

Not applicable 

5.2. 

Action envisaged and budget intervention arrangements 

The  proposed  Decision  authorizes  the  President  of  the  Council  to  deposit  the  instrument  of 
accession  to  the  Geneva  Act  with  the  Director-General  of  WIPO,  and  includes  declarations 
which  shall  be  made  in  the  instrument  of  accession.  The  proposal  also  authorizes  the 
Commission  to  represent  the  Community  in  the  Assembly  of  the  Hague  Union  after  the 
accession of the Community to the Geneva Act. No financial assistance is involved.  

5.3.  Methods of implementation 

The  Commission  will  need  to  negotiate  in  the  Hague  Union  Assembly  on  behalf  of  the 
Community  following  coordination  in  the  relevant  Council  working  party  or  at  on-the-spot 
meetings convened in the course of the work within the framework of WIPO.  

6. 

FINANCIAL IMPACT 

6.1. 

Total financial impact on Part B - (over the entire programming period) 

Not applicable 

6.2. 

Calculation  of  costs  by  measure  envisaged  in  Part  B  (over  the  entire 
programming period) 

Not applicable 

7. 

IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE  

7.1. 

Impact on human resources 

Types of post 

Staff to be assigned to management of the 
action using existing and/or additional 
resources 

Total 

Description of tasks deriving from the 
action 

EN 

39 

   EN 

 
Number of 
permanent posts 

Number of 
temporary posts 

0,5 A 

0 

0,5 A 

If necessary, a fuller description of the 
tasks may be annexed. 

Officials 
temporary staff 

or 

A 

B 

C 

Other human resources  0 

Total 

7.2. 

0,5 

through 

Preparing for and attending meetings of 
Council and Parliament to negotiate the 
adoption. 
proposal 
Preparing  for  and  participating 
in 
meetings  of  the  Hague  Union  and 
coordinate  positions  with  the  Member 
States. 

the 

0 

0 

0 

0,5 

Overall financial impact of human resources 

Type of human resources 

Amount (€) 

Method of calculation *  

Officials 

Temporary staff 

Other human resources 

54.000 

Annual costs per official: 108.000 € 

(specify budget line) 

Total  54.000 

The amounts are total expenditure for twelve months. 

7.3. 

Other administrative expenditure deriving from the action 

Not applicable 

I. 

II. 

Annual total (7.2 + 7.3) 

Duration of action 

III. 

Total cost of action (I x II) 

€54.000 

2006-2011 

€324.000 

8. 

FOLLOW-UP AND EVALUATION 

8.1. 

Follow-up arrangements 

Not applicable 

8.2. 

Arrangements and schedule for the planned evaluation 

On-going evaluation will be possible through monitoring the volume of international 
registrations in which the Community design system is designated. 

9. 

ANTI-FRAUD MEASURES 

No financial assistance is involved. 

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