The Brazilian Patent Office (BPO) has recently joined a new regulation, as stipulated in Ordinance No. 025, issued on July 3rd, 2023. Effective from August 1st, 2023, this regulation primarily revolves around the registration of industrial designs in accordance with the provisions of the Hague Agreement.
Brazil, with its recent accession to the Hague Agreement Concerning the International Registration of Industrial Designs, has significantly expanded the geographical scope of WIPO’s system, encompassing a total of 96 countries.
The Hague Agreement, formally known as the Hague Agreement Concerning the International Registration of Industrial Designs, is an international treaty established to facilitate and streamline the process of registering industrial designs across multiple countries by providing a centralized mechanism for filing and managing design applications. Under the Hague Agreement, applicants can submit a single international application, known as an “international registration,” through the International Bureau of the World Intellectual Property Organization (WIPO), designating one or more member countries where they seek protection for their industrial designs. This simplifies the administrative burden and reduces the costs associated with filing separate applications in each individual country, making it an efficient and cost-effective option for creators and businesses seeking global design protection. Furthermore, the Hague Agreement establishes common rules and standards for design registration among member countries, harmonizing certain aspects of the application and examination procedures, such as formal requirements and the representation of designs. Through this international framework, the Hague Agreement promotes harmonization, cooperation, and accessibility in the field of industrial design protection, fostering innovation and encouraging the international exchange of design creations.
How to file an application for an international design?
Applications for international designs may be filed with the International Bureau of WIPO, either directly or through the industrial property office of the contracting party of origin. In practice, most of all international applications are filed directly with the International Bureau using eHAGUE system.
International applications may include up to 100 designs if they all belong to the same class of the International Classification of Industrial Designs. Applicants may choose to apply in English, French, or Spanish.
How SMEs may benefit from Brazil’s decision?
The entrance of Mexico to the Hague Agreement was very significant for this country. In accordance with WIPO’s Hague Yearly Review 2023, Mexico was the 13th most designated country by applicants of this system in 2022.
why this system is so attractive to users:
1) Single application
EU SMEs can now register their industrial designs in Mexico, and soon in Brazil, and other member countries of the agreement through a single international registration, which simplifies and accelerates the process. Bear in mind that the international registration of your industrial design has the same effect as a national application filed regularly by all Contracting Parties at once.
2) In one language
Applicants may choose to apply in English, French, or Spanish.
3) Reduction of time
For EU SMEs, a country’s accession to this agreement means they will be able to get broader protection for their industrial designs, and they will see their costs and registration procedures reduced by up to 60%, making it easier for them to access foreign markets.
4) Pay one set of fees in one currency
To seek the registration of your industrial design in several countries, WIPO provides a set of fees:
To know what the full set of fees will be when applying for the protection of your industrial design via the Hague system in several countries, you can make use of the Hague System Fee Calculator.
5) Deal with just one IP office: WIPO. You can centrally manage your international registration directly through WIPO, among other advantages.