<ГААГСКИЙ АКТ ГААГСКОГО СОГЛАШЕНИЯ О МЕЖДУНАРОДНОМ ДЕПОНИРОВАНИИ ПРОМЫШЛЕННЫХ ОБРАЗЦОВ> [англ.](Вместе с "ПРОТОКОЛОМ")(Подписан в г. Гааге 28.11.1960)
THE HAGUE AGREEMENT
OF INDUSTRIAL DESIGNS OF NOVEMBER 6, 1925
HAGUE ACT <*>
[Establishment of a
(1) The contracting States constitute a Special Union for the
international deposit of industrial designs.
<*> The names of the articles were
added for the convenience of the reader. It does not appear in the original
(French) text of the Agreement.
(2) Only States members of the
International Union for the Protection of Industrial Property may become party
to this Agreement.
For the purposes of
"1925 Agreement" shall mean the Hague Agreement
concerning the International Deposit of Industrial Designs of November 6,
"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;
shall mean the Regulations for carrying out this Agreement;
"International Bureau" shall mean the International Bureau of Intellectual
"international deposit" shall mean a deposit made at the
"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.
Make International Deposits]
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.
[Deposit With the International Bureau
or Through National
(1) International deposit may be made at the International
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
[Form of Deposit; Contents of Application]
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
1. a list of the contracting States in which the
applicant requests that the international deposit shall have effect;
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
(b) The application may be accompanied also by samples or
models of the article or articles incorporating the design.
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), item 4.
Date of Registration; Publication; Deferral
Publication; Public Access to Archives]
(1) The International Bureau shall
maintain the International Design Register and shall register international
(2) The international deposit shall be deemed to have
been made on the date on which the International Bureau received the application
in due form, the fees payable with the application, and the photograph or
photographs or other graphic representations of the design, or, if the
International Bureau received them on different dates, on the last of these
dates. The registration shall bear the same date.
(3) (a) For each
international deposit, the International Bureau shall publish in a periodical
1. reproductions in black and white or, at the request of the
applicant, in color of the deposited photographs or other graphic
2. the date of the international deposit;
the particulars prescribed by the Regulations.
(b) The International
Bureau shall send the periodical bulletin to the national Offices as soon as
(4) (a) The publication referred to in paragraph (3)(a) shall,
at the request of the applicant, be deferred for such period as he may request.
The said period may not exceed twelve months from the date of the international
deposit. However, if priority is claimed, the starting date of such period shall
be the priority date.
(b) At any time during the period referred to in
subparagraph (a), the applicant may request immediate publication or may
withdraw his deposit. Withdrawal of the deposit may be limited to one or a few
only of the contracting States and, in the case of a multiple deposit, to some
only of the designs included therein.
(c) If the applicant fails to pay
within the proper time the fees payable before the expiration of the period
referred to in subparagraph (a), the International Bureau shall cancel the
deposit and shall not effect the publication referred to in paragraph (3)(a).
(d) Until the expiration of the period referred to in subparagraph (a), the
International Bureau shall keep in confidence the registration of deposits made
subject to deferred publication, and the public shall have no access to any
documents or articles concerning such deposits. These provisions shall apply
without limitation as to time if the applicant has withdrawn his deposit before
the expiration of the said period.
(5) Except as provided in paragraph
(4), the Register and all documents and articles filed with the International
Bureau shall be open to inspection by the public.
Effect of Registered Deposits]
(1) (a) A deposit registered at the
International Bureau shall have the same effect in each of the contracting
States designated by the applicant in his application as if all the formalities
required by the domestic law for the grant of protection had been complied with
by the applicant and as if all administrative acts required to that end had been
accomplished by the Office of such State.
(b) Subject to the provisions
of Article 11, the protection of designs the deposit of which has been
registered at the International Bureau is governed in each contracting State by
those provisions of the domestic law which are applicable in that State to
designs for which protection has been claimed on the basis of a national deposit
and in respect of which all formalities and administrative acts have been
complied with and accomplished.
(2) An international deposit shall have
no effect in the State of origin if the laws of that State so provide.
[Refusal of Legal Effect by
National Offices; Remedies
Possible Additional Requirements To Be Complied
With in National Offices]
(1) Notwithstanding the provisions of Article 7,
the national Office of a contracting State whose domestic law provides that the
national Office may, on the basis of an administrative ex officio examination or
pursuant to an opposition by a third party, refuse protection shall, in case of
refusal, notify the International Bureau within six months that the design does
not meet the requirements of its domestic law other than the formalities and
administrative acts referred to in Article 7(1). If no such refusal is notified
within a period of six months the international deposit shall become effective
in that State as from the date of that deposit. However, in a contracting State
having a novelty examination, the international deposit, while retaining its
priority, shall, if no refusal is notified within a period of six months, become
effective from the expiration of the said period unless the domestic law
provides for an earlier date for deposits made with its national Office.
(2) The period of six months referred to in paragraph (1) shall be computed from
the date on which the national Office receives the issue of the periodical
bulletin in which the registration of the international deposit has been
published. The national Office shall communicate that date to any person so
(3) The applicant shall have the same remedies against the
refusal of the national Office referred to in paragraph (1) as if he had
deposited his design in that Office; in any case, the refusal shall be subject
to a request for re-examination or appeal. Notification of such refusal shall
1. the reasons for which it has been found that the design
does not meet the requirements of the domestic law;
2. the date referred
to in paragraph (2);
3. the time allowed for a request for
re-examination or appeal;
4. the authority to which such request or
appeal may be addressed.
(4) (a) The national Office of a contracting
State whose domestic law contains provisions of the kind referred to in
paragraph (1) requiring a declaration as to who is the true creator of the
design or a description of the design may provide that, upon request and within
a period of not less than sixty days from the dispatch of such a request by the
said Office, the applicant shall file in the language of the application filed
with the International Bureau:
1. a declaration as to who is the true
creator of the design;
2. a short description emphasizing the essential
characteristic features of the design as shown by the photographs or other
(b) No fees shall be charged by a national
Office in connection with the filing of such declarations or descriptions, or
for their possible publication by that national Office.
(5) (a) Any
contracting State whose domestic law contains provisions of the kind referred to
in paragraph (1) shall notify the International Bureau accordingly.
If, under its legislation, a contracting State has several systems for the
protection of designs one of which provides for novelty examination, the
provisions of this Agreement concerning States having a novelty examination
shall apply only to the said system.
[Right of Priority]
If the international deposit of a design is made within six months of the
first deposit of the same design in a State member of the International Union
for the Protection of Industrial Property, and if priority is claimed for the
international deposit, the priority date shall be that of the first deposit.
[Renewal of Deposit]
(1) An international deposit may be
renewed every five years by payment only, during the last year of each period of
five years, of the renewal fees prescribed by the Regulations.
Subject to the payment of a surcharge fixed by the Regulations, a period of
grace of six months shall be granted for renewal of the international
(3) At the time of paying the renewal fees, the international
deposit number must be indicated and also, if renewal is not to be effected for
all the contracting States for which the deposit is about to expire, those of
the contracting States for which the renewal is to be effected.
Renewal may be limited to some only of the designs included in a multiple
(5) The International Bureau shall record and publish
[Duration of Protection]
(1) (a) The term of
protection granted by a contracting State to designs which have been the subject
of an international deposit shall not be less than:
1. ten years from
the date of the international deposit if the deposit has been renewed;
2. five years from the date of the international deposit in the absence of
(b) However, if, under the provisions of the domestic law of a
contracting State having a novelty examination, protection commences at a date
later than that of the international deposit, the minimum terms provided for in
subparagraph (a) shall be computed from the date at which protection commences
in that State. The fact that the international deposit is not renewed or is
renewed only once shall in no way affect the minimum terms of protection thus
(2) If the domestic law of a contracting State provides, in
respect of designs which have been the subject of a national deposit, for
protection whose duration, with or without renewal, is longer than ten years,
protection of the same duration shall, on the basis of the international deposit
and its renewals, be granted in that State to designs which have been the
subject of an international deposit.
(3) A contracting State may, under
its domestic law, limit the term of protection of designs which have been the
subject of an international deposit to the terms provided for in paragraph
(4) Subject to the provisions of paragraph (1)(b), protection in a
contracting State shall terminate at the date of expiration of the international
deposit, unless the domestic law of that State provides that protection shall
continue after the date of expiration of the international deposit.
[Changes in Ownership]
(1) The International Bureau shall record
and publish changes affecting ownership of a design which is the subject of an
international deposit in force. It is understood that transfer of ownership may
be limited to the rights arising from the international deposit in one or a few
only of the contracting States and, in the case of a multiple deposit, to some
only of the designs included therein.
(2) The recording referred to in
paragraph (1) shall have the same effect as if it had been made in the national
Offices of the contracting States.
(1) The owner of an international deposit may, by means of a
declaration addressed to the International Bureau, renounce his rights in
respect of all or some only of the contracting States and, in the case of a
multiple deposit, in respect of some only of the designs included therein.
(2) The International Bureau shall record and publish such declaration.
[Marking; International Design Notice]
(1) No contracting
State may, as a condition of recognition of the right to protection, require
that the article incorporating the design bear a sign or notice concerning the
deposit of the design.
(2) If the domestic law of a contracting State
provides for a notice on the article for any other purpose, such State shall
regard such requirement as satisfied if all the articles offered to the public
with the authorization of the owner of the rights in the design, or the tags
attached to such articles, bear the international design notice.
international design notice shall consist of the symbol... (a capital D in a
circle) accompanied by:
1. the year of the international deposit and the
name, or the usual abbreviation of the name, of the depositor, or
number of the international deposit.
(4) The mere appearance of the
international design notice on the article or the tags shall in no case be
interpreted as implying a waiver of protection by virtue of copyright or on any
other grounds, whenever, in the absence of such notice, such protection may be
(1) The fees prescribed by the
Regulations shall consist of:
1. fees for the International Bureau;
2. fees for the contracting States designated by the applicant, namely:
(a) a fee for each contracting State;
(b) a fee for each
contracting State having a novelty examination and requiring the payment of a
fee for such examination.
(2) Any fees paid in respect of one and the
same deposit for a contracting State under paragraph (1), item 2(a), shall be
deducted from the amount of the fee referred to in paragraph (1), item 2(b), if
the latter fee becomes payable for the same State.
Belonging to Contracting States]
(1) The fees for contracting States
referred to in Article 15(1), item 2, shall be collected by the International
Bureau and paid over annually to the contracting States designated by the
(2) (a) Any contracting State may notify the International
Bureau that it waives its right to the supplementary fees referred to in Article
15(1), item 2(a), in respect of international deposits of which any other
contracting State making a similar waiver is deemed to be the State of
(b) Such State may make a similar waiver in respect of
international deposits of which it is itself deemed to be the State of
The Regulations shall govern the
details concerning the implementation of this Agreement and in particular:
1. the languages and the number of copies in which the application for deposit
must be filed, and the data to be supplied in the application;
amounts and the dates and method of payment of the fees for the International
Bureau and for the States, including the limits imposed on the fee for
contracting States having a novelty examination;
3. the number, size,
and other characteristics, of the photographs or other graphic representations
of each design deposited;
4. the length of the description of
characteristic features of the design;
5. the limits within which and
conditions under which samples or models of the articles incorporating the
design may accompany the application;
6. the number of designs that may
be included in a multiple deposit and other conditions governing multiple
7. all matters relating to the publication and distribution of
the periodical bulletin referred to in Article 6(3)(a), including the number of
copies of the bulletin which shall be given free of charge to the national
Offices and the number of copies which may be sold at a reduced price to such
8. the procedure for notification by contracting States of any
refusal provided for under Article 8(1), and the procedure for communication and
publication of such refusals by the International Bureau;
conditions for recording and publication by the International Bureau of the
changes affecting the ownership of a design referred to in Article 12(1), and
for the renunciations referred to in Article 13;
10. the disposal of
documents and articles concerning deposits for which the possibility of renewal
has ceased to exist.
[Applicability of Protection Accorded
Laws and by Copyright Treaties]
The provisions of this
Agreement shall not preclude the making of a claim to the benefit of any greater
protection which may be granted by domestic legislation in a contracting State,
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.
Articles 19 to 22
[Repealed by Article 7(2) of the
Complementary Act of Stockholm (1967)]
(1) This Agreement shall remain open for signature until
December 31, 1961.
(2) It shall be ratified and the instruments of
ratification shall be deposited with the Government of the Netherlands.
(1)States members of the International Union
for the Protection of Industrial Property which have not signed this Agreement
may accede thereto.
(2)Such accessions shall be notified through
diplomatic channels to the Director General <*>, and by the latter to the
Governments of all contracting States.
<*> "Director General" is defined by
Article 1 of the Complementary Act of Stockholm (1967) as the Director General
of the World Intellectual Property Organization.
[Application of the Agreement Under National Law]
(1) Each contracting
State undertakes to provide for the protection of industrial designs and to
adopt, in accordance with its constitution, the measures necessary to ensure the
application of this Agreement.
(2) At the time a contracting State
deposits its instrument of ratification or accession, it must be in a position
under its domestic law to give effect to the provisions of this Agreement.
[Entry Into Force]
(1) This Agreement shall enter into
force one month after the date on which the Director General has dispatched a
notification to the contracting States of the deposit of ten instruments of
ratification or accession, at least four of which are those of States which, at
the date of the present Agreement, are not party either to the 1925 Agreement or
to the 1934 Agreement.
(2) Thereafter, the deposit of instruments of
ratification and accession shall be notified to the contracting States by the
Director General. Such ratifications and accessions shall become effective one
month after the date of the dispatch of such notification unless, in the case of
accession, a later date is indicated in the instrument of accession.
Any contracting State may at any time
notify the Director General that this Agreement shall also apply to all or part
of those territories for the external relations of which it is responsible.
Thereupon, the Director General shall communicate such notification to the
contracting States and the Agreement shall apply also to the said territories
one month after the dispatch of the communication by the Director General to the
contracting States unless a later date is indicated in the notification.
(1) Any contracting State may, by
notification addressed to the Director General, denounce this Agreement in its
own name and on behalf of all or part of the territories designated in the
notification under Article 27. Such notification shall take effect one year
after its receipt by the Director General.
(2) Denunciation shall not
relieve any contracting State of its obligations under this Agreement in respect
of designs deposited at the International Bureau prior to the date on which the
denunciation takes effect.
Agreement shall be submitted to revision with a view to the introduction of
amendments designed to improve the protection resulting from the international
deposit of designs.
(2) Revision conferences shall be called at the
request of not less than one-half of the contracting States.
(1) Two or more contracting States may at any time
notify the Director General that, subject to the conditions indicated in the
1. a common Office shall be substituted for the national
Office of each of them;
2. they shall be deemed to be a single State for
the purposes of the application of Articles 2 to 17 of this Agreement.
(2) Such notification shall not take effect until six months after the date of
dispatch of the communication thereof by the Director General to the other
[Applicability of the 1925 or 1934
(1) This Agreement alone shall be applicable as regards the mutual
relations of States party to both the present Agreement and the 1925 Agreement
or the 1934 Agreement. However, such States shall, in their mutual relations,
apply the 1925 Agreement or the 1934 Agreement, as the case may be, to designs
deposited at the International Bureau prior to the date on which the present
Agreement becomes applicable as regards their mutual relations.
Any State party to both the present Agreement and the 1925 Agreement shall
continue to apply the 1925 Agreement in its relations with States party only to
the 1925 Agreement, unless the said State has denounced the 1925 Agreement.
(b) Any State party to both the present Agreement and the 1934 Agreement
shall continue to apply the 1934 Agreement in its relations with States party
only to the 1934 Agreement, unless the said State has denounced the 1934
(3) States party to the present Agreement only shall not be
bound to States which, without being party to the present Agreement, are party
to the 1925 Agreement or the 1934 Agreement.
(1) Signature and ratification of, or accession to, the present
Agreement by a State party, at the date of this Agreement, to the 1925 Agreement
or the 1934 Agreement shall be deemed to include signature and ratification of,
or accession to, the Protocol annexed to the present Agreement, unless such
State makes an express declaration to the contrary at the time of signing or
depositing its instrument of accession.
(2) Any contracting State having
made the declaration referred to in paragraph (1), or any other contracting
State not party to the 1925 Agreement or the 1934 Agreement, may sign or accede
to the Protocol annexed to this Agreement. At the time of signing or depositing
its instrument of accession, it may declare that it does not consider itself
bound by the provisions of paragraphs (2)(a) or (2)(b) of the Protocol; in such
case, the other States party to the Protocol shall be under no obligation to
apply, in their relations with that State, the provisions mentioned in such
declaration. The provisions of Articles 23 to 28 inclusive shall apply by
[Signature; Certified Copies]
This Act shall
be signed in a single copy which shall be deposited in the archives of the
Government of the Netherlands. A certified copy shall be transmitted by the
latter to the Government of each State which has signed or acceded to this
States party to this Protocol have
agreed as follows:
(1) The provisions of this Protocol shall apply to
designs which have been the subject of an international deposit and of which one
of the States party to this Protocol is deemed to be the State of origin.
(2) In respect of designs referred to in paragraph (1), above:
term of protection granted by States party to this Protocol to the designs
referred to in paragraph (1) shall not be less than fifteen years from the date
provided for in paragraphs (1)(a) or (1)(b), as the case may be, of Article
(b) the appearance of a notice on the articles incorporating the
designs or on the tags attached thereto shall in no case be required by the
States party to this Protocol, either for the exercise in their territories of
rights arising from the international deposit, or for any other purpose.