Hague design application admin changes now in force
With effect from the start of 2019, two key administrative changes came into force at the World Intellectual Property Organisation (WIPO) concerning the handling of international Hague registered design applications. Under the Hague design registration system, it is possible to obtain registered design protection in a number of territories around the world (including the UK, Germany and the EU) via the use of a single registered design application applied for centrally at the WIPO.
With effect from the start of 2019, two key administrative changes came into force at the World Intellectual Property Organisation (WIPO) concerning the handling of international Hague registered design applications. Under the Hague design registration system, it is possible to obtain registered design protection in a number of territories around the world (including the UK, Germany and the EU) via the use of a single registered design application applied for centrally at the WIPO. A summary of the two key changes is outlined below.
Change 1: removal of the need to submit a power of attorney on filing
Under the previous rules, for any agent nominated to represent the applicant of a Hague registered design application, it was necessary to complete a power of attorney form signed by the applicant. For new Hague registered design applications submitted going forward, it is no longer necessary to complete a power of attorney form, so long as the agent for the application is nominated at the time of filing the application.
Where the agent is nominated at any time after the initial filing of the application, a power of attorney form will still be necessary.
Change 2: abolishment of the use of fax to send communications to WIPO concerning Hague design applications
As from the start of 2019, communications sent to the WIPO relating to a Hague design application will no longer be allowed to be sent by fax. Instead, users will either have to send such communications by letter, or by using the electronic E-Filing Portfolio Manager portal on the WIPO’s website.
Further information from WIPO about the E-Filing Portfolio Manager can be found at: www.wipo.int/hague/en/how_to/file/file.html.
Observations
Overall, the above changes represent a positive for users of the Hague design registration system.
Particularly following the removal of the requirement for a power of attorney form on filing, this change should also make the Hague system a more popular avenue of choice for those seeking design right protection around the world.
If you are interested in obtaining design right protection via the Hague system, or have any questions in respect of the above, please do not hesitate to contact one of the attorneys or solicitors in our design team.
