The Hague Agreement Concerning the International Deposit of Industrial Designs of November 6, 1925 (The Hague Act of November 28, 1960)

THE HAGUE AGREEMENT

Concerning the International Deposit

of Industrial Designs of November 6, 1925

THE HAGUE ACT

(Hague, 28.XI.1960)

See the text of the document in Russian

Article 1

(1) The contracting States constitute a Special Union for the international deposit of industrial designs.

(2) Only States members of the International Union for the Protection of Industrial Property may become party to this Agreement.

Article 2

For the purposes of this Agreement:

"1925 Agreement" shall mean the Hague Agreement concerning the International Deposit of Industrial Designs of November 6, 1925;

"1934 Agreement" shall mean the Hague Agreement concerning the International Deposit of Industrial Designs of November 6, 1925, as revised at London on June 2, 1934;

"this Agreement" or "the present Agreement" shall mean the Hague Agreement concerning the International Deposit of Industrial Designs as established by the present Act;

"Regulations" shall mean the Regulations for carrying out this Agreement;

"International Bureau" shall mean the Bureau of the International Union for the Protection of Industrial Property;

"international deposit" shall mean a deposit made at the International Bureau;

"national deposit" shall mean a deposit made at the national Office of a contracting State;

"multiple deposit" shall mean a deposit including several designs;

"State of origin of an international deposit" shall mean the contracting State in which the applicant has a real and effective industrial or commercial establishment or, if the applicant has such establishments in several contracting States, the contracting State which he has indicated in his application; if the applicant has no such establishment in any contracting State, the contracting State in which he has his domicile; if he has no domicile in a contracting State, the contracting State of which he is a national;

"State having a novelty examination" shall mean a contracting State the domestic law of which provides for a system which involves a preliminary ex officio search and examination by its national Office as to the novelty of each deposited design.

Article 3

Nationals of contracting States and persons who, without being nationals of any contracting State, are domiciled or have a real and effective industrial or commercial establishment in the territory of a contracting State may deposit designs at the International Bureau.

Article 4

(1) International deposit may be made at the International Bureau:

1. direct, or

2. through the intermediary of the national Office of a contracting State if the law of that State so permits.

(2) The domestic law of any contracting State may require that international deposits of which it is deemed to be the State of origin shall be made through its national Office. Non-compliance with this requirement shall not prejudice the effects of the international deposit in the other contracting States.

Article 5

(1) The international deposit shall consist of an application and one or more photographs or other graphic representations of the design, and shall involve payment of the fees prescribed by the Regulations.

(2) The application shall contain:

1. a list of the contracting States in which the applicant requests that the international deposit shall have effect;

2. the designation of the article or articles in which it is intended to incorporate the design;

3. if the applicant wishes to claim the priority provided for in Article 9, an indication of the date, the State, and the number of the deposit giving rise to the right of priority;

4. such other particulars as the Regulations may prescribe.

(3) (a) In addition, the application may contain:

1. a short description of characteristic features of the design;

2. a declaration as to who is the true creator of the design;

3. a request for deferment of publication as provided in Article 6(4).

(b) The application may be accompanied also by samples or models of the article or articles incorporating the design.

(4) A multiple deposit may include several designs intended to be incorporated in articles included in the same class of the International Design Classification referred to in Article 21(2)4.

Article 6