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Filing of DMI on International Level
The Hague system
A mechanism to register a design in the countries and/or intergovernmental organizations party to the Hague arrangement. It is administered by the International Bureau of the WIPO, located in Geneva, Switzerland.
The possibility to obtain the protection of industrial design or model in several countries by filing one application, in one language within one office and paying one set of taxes in one currency (Swiss Franc).
The Hague system concerning the international registration of industrial designs and models allows to register up to 100 designs and models in over 60 territories by filing a single international application.
The Hague system also simplifies greatly the subsequent management of industrial designs and models as subsequent changes or a renewal of a registration can be entered by a simple and unique procedure with the International Bureau of the WIPO.
Advantages of the Hague system
- The Hague system was born from a need for simplicity and economy. Indeed, it allows holders of industrial designs or models of a contracting party to obtain protection by completing a minimum of formalities and in lower cost. in particular, they are not required to make a distinctive national application in each country where the protection is sought, helping them avoid complications generated from procedures and languages which differ from one country to another.
- The Hague system also allows them to avoid having to supervise deadlines for renewal of a set of national registrations which vary from one country to another, and having to pay more taxes in different currencies.
- Under the Hague arrangement, the same results can be obtained through a single international registration, made in a one language, against payment of a single set of taxes, in one currency, whitin a single office (the International Bureau of the WIPO).
- Moreover, having a single international registration having effect in several contracting parties, the subsequent management of the international registration is considerably facilitated. For example, a change of name or address of the holder, or a change of ownership regarding all or some designated contracting parties, can be registered in the international register and have effect averagely the accomplishment of a single formality with the international Bureau of the WIPO.
Filing procedure on the international level
Protection of an industrial design or model is territorial. This means that, usually, it is limited to Morocco. Consequently, if you want to protect your industrial design or model in export markets, you will need to ensure that this protection is sought in the targeted countries.
It is important not to forget that you usually have six months from the date you requested the protection in Morocco to assert the " priority right " when you file an application for protection for the same design or model in other countries. Once this period has expired, you cannot file for protection in other countries, because your designer model is no longer considered new.
It exists three possible ways for filing for industrial designs and models abroad:
National way : Societies can file an application in the National Office of Intellectual Property of each country where they seek protection. This procedure can be restrictive and expensive as a translation into national languages is generally demanded as well as the payment of administrative taxes (and sometimes legal fees).
The regional way : if you are targeting a group of countries which are part of an agreement allowing the regional registration of designs and models, you can consider, then, filing a single application with the regional office of intellectual property responsible, at the number of regional offices of intellectual property include:
- The Benelux Bureau of designs and models (BBDM), for a protection in Belgium, in the Netherlands and Luxembourg;
- The office for Harmonization in the Internal Market (brands, designs and models) (OHMI), for the protection of community designs and models in countries of the European Union.
- The African Organization for Intellectual Property (OAPI), for a protection French-speaking African countries;
- The African Regional Organization of Industrial Property (ARIPO), for the protection of industrial designs and models in English-speaking African countries.
The international way:
Companies wishing to register their designs and models on an international level in several countries may also opt for the procedure offered by the Hague arrangement concerning the International Filing of industrial designs and models, which is administered by the OMPIC. Moroccan applicant can file for a single international application with the OMPIC: the design or model will then be protected in as many countries members of the treaty which the applicant wishes.
This arrangement provides the applicant with a simple and less expensive mechanism to apply for registration of an industrial design or model in different countries. All information about the Hague arrangement, as well as an application form, are available on the website of the WIPO: http://www.wipo.int/hague/fr/
Costs and duration
The cost of registration of an industrial design or model according to the Hague arrangement depends on the number of industrial designs and models to be protected and the number of countries to which protection is sought.
Taxes calculator for the international protection of industrial designs and models is available on the WIPO website at the following address: http://www.wipo.int/hague/fr/fees/
The industrial design or model is protected for a period of 5 years, renewable twice with a maximum of 15 years.
The copyright lasts during the author's life, plus 50 years after his death.