<ЛОНДОНСКИЙ АКТ ГААГСКОГО СОГЛАШЕНИЯ О МЕЖДУНАРОДНОМ ДЕПОНИРОВАНИИ ПРОМЫШЛЕННЫХ ОБРАЗЦОВ> [англ.](Подписан в г. Лондоне 02.06.1934)
THE HAGUE AGREEMENT
OF INDUSTRIAL DESIGNS OF NOVEMBER 6, 1925
LONDON ACT <*>
[Right To Make
Nationals of any of the contracting countries, as
well as persons who, upon the territory of the restricted Union, have satisfied
the conditions of Article 3 of the General Convention, may, in all the other
contracting countries, secure protection for their industrial designs by means
of an international deposit made at the International Bureau of Industrial
Property at Berne.
names of the articles were added for the convenience of the reader. It does not
appear in the original (French) text of the Agreement.
of Deposit; Application]
(1) The international deposit shall include
designs, either in the form of the industrial product for which they are
intended, or in the form of a drawing, a photograph, or any other adequate
graphic representation of the said design.
(2) The articles submitted
shall be accompanied by an application for international deposit, in duplicate,
containing, in French, the particulars specified in the Regulations.
[Procedure Applied by the International Bureau]
soon as the International Bureau receives an application for international
deposit it shall record the application in a special Register and shall publish
it, sending free of charge to each Office the desired number of copies of the
periodical journal in which it publishes such records.
shall be kept in the archives of the International Bureau.
[Presumption of Ownership; Legal Effect of Deposit
Right of Priority]
(1) Any person making an international deposit of an
industrial design shall, in the absence of proof to the contrary, be deemed to
be the owner of the work.
(2) International deposit is purely
declaratory. The deposit, as such, shall have in the contracting countries the
same effect as if the designs had been deposited there direct on the date of the
international deposit, subject however to the special rules established by this
(3) The publicity mentioned in the foregoing Article shall be
deemed in all the contracting countries to be sufficient, and no other publicity
may be required of the depositor, apart from any formalities to be complied with
for the exercise of rights in accordance with the domestic law.
right of priority established by Article 4 of the General Convention shall be
guaranteed to every design which has been the subject of an international
deposit, without requiring compliance with any of the formalities prescribed in
the said Article.
[Marking; Exploitation; Importation]
The contracting countries agree not to require designs which have been the
subject of an international deposit to bear any compulsory marking. They shall
not cause the designs to lapse either by reason of non-exploitation or as a
result of the introduction of articles similar to those protected.
[Single and Multiple Deposits; Open and Sealed Deposits;
Dimensions of Envelopes and Packets Deposited]
(1) The international
deposit may consist of either a single design or several, the number thereof
being stated in the application.
(2) Such deposit may be made under open
cover or under sealed cover. In particular, there shall be accepted as a means
of deposit under sealed cover double envelopes having a perforated control
number (Soleau system) or any other system for ensuring identification.
(3) The maximum dimensions of covers or packets eligible for deposit shall be
fixed by the Regulations.
[Duration of Protection]
duration of international protection is fixed at fifteen years from the date of
deposit at the International Bureau at Berne; this term is divided into two
periods, namely, one period of five years and one period of ten years.
[Time Limit for Sealed Deposits]
During the first period
of protection, deposits shall be accepted either under open cover or under
sealed cover; during the second period of protection, they shall be accepted
only under open cover.
[Opening of Sealed Deposits]
During the first period, deposits under sealed cover may be opened at the
request of the depositor or of a competent court; upon expiration of the first
period, they shall, with a view to transition to the second period, be opened
upon application for prolongation.
In the course of the first six months of the fifth year of the
first period, the International Bureau shall give unofficial notice of
expiration to the depositor of the design.
(1) When the depositor desires to secure extension of the
protection by transition to the second period he shall, before the expiration of
the first period, file with the International Bureau an application for
(2) The International Bureau shall open the package, if
sealed, shall publish in its journal notice of the prolongation granted, and
shall notify all Offices thereof by sending to each the desired number of copies
of the said journal.
forming the subject of deposits which have not been prolonged, as well as those
in respect of which protection has expired, shall, upon the request of the
proprietors and at their expense, be returned to them as they stand. If
unclaimed, they shall be destroyed at the end of two years.
[Renunciation of Deposit]
(1) Depositors may, at any time, renounce their
deposit, either wholly or in part, by means of a declaration addressed to the
International Bureau; the Bureau shall give such declaration the publicity
referred to in Article 3.
(2) Renunciation shall entail the return of
the deposit to the depositor, at his expense.
[Communication of Deposit to Courts and
If a court or any other competent authority orders the
communication to it of a secret design, the International Bureau, when duly
required, shall open the deposited package, shall extract therefrom the
requested design, and shall remit it to the authority so requiring. Similar
communication shall take place on request in the case of an unsealed design. The
article thus communicated shall be returned in the shortest possible time and
reincorporated in the sealed package or in the envelope, as the case may be.
Such transactions may be subject to a fee, which shall be fixed by the
The fees for an international
deposit and for the prolongation thereof, which shall be paid before
registration of the deposit or of the prolongation can be proceeded with, shall
be as follows:
1. for a single design, and in respect of the first
period of five years: 5 francs;
2. for a single design, upon expiration
of the first period and in respect of the duration of the second period of ten
years: 10 francs;
3. for a multiple deposit, and in respect of the first
period of five years: 10 francs;
4. for a multiple deposit, upon
expiration of the first period and in respect of the duration of the second
period of ten years: 50 francs.
[Net Proceeds from Fees]
The net annual proceeds from fees shall be divided, as provided in Article 8
of the Regulations, among the contracting countries by the International Bureau,
after deduction of the common expenses necessitated by the implementation of
[Changes in Ownership]
International Bureau shall record in its Registers all changes affecting the
proprietorship of designs which are notified to it by the parties concerned; it
shall publish them in its journal and shall announce them to all Offices by
sending to each the desired number of copies of the said journal.
These transactions may be subject to a fee, which shall be fixed by the
(3) The proprietor of an international deposit may assign
the rights in respect of part only of the designs included in a multiple deposit
or in respect of one or several of the contracting countries only; but, in such
cases, if the deposit has been made under sealed cover, the International Bureau
shall open the package before recording the transfer in its Registers.
[Extracts from the International Register]
International Bureau shall deliver to any person, upon application, and on
payment of a fee fixed by the Regulations, an abstract of the entries in the
Register in connection with any given design.
(2) Such abstract may, if
the design lends itself thereto, be accompanied by a copy or a reproduction of
the design, which has been supplied to the International Bureau and which the
latter shall certify as being in conformity with the article deposited under
open cover. If the Bureau is not in possession of such copies or reproductions,
it shall have them made, on the request of interested parties and at their
[Public Access to Archives]
The archives of
the International Bureau, in so far as they contain unsealed deposits, shall be
accessible to the public. Any person may inspect them, in the presence of an
official, or may obtain from the Bureau written information on the contents of
the Register, subject to payment of fees to be fixed by the Regulations.
The details of the application of this
Agreement shall be determined by Regulations the provisions of which may, at any
time, be amended with the common consent of the Offices of the contracting
[Applicability of Protection Accorded by
and by the Berne Copyright Convention]
of this Agreement offer only a minimum of protection; they shall not preclude
the claiming of the application of wider provisions that may be enacted by the
domestic legislation of a contracting country, nor shall they prejudice the
application of the provisions of the Berne Convention, as revised in 1928,
relating to the protection of artistic works and works of art applied to
members of the Union which are not party to this Agreement may accede thereto at
their request and in the manner prescribed by Articles 16 and 16bis of the
(2) Notification of accession shall, of itself,
ensure, upon the territory of the acceding country, the benefits of the
foregoing provisions to industrial designs which, at the time of accession, are
the subject of international deposit.
(3) However, any country may, in
acceding to this Agreement, declare that application of this Act shall be
limited to designs deposited from the date on which its accession becomes
(4) In the case of denunciation of this Agreement, Article
17bis of the General Convention shall apply. International designs deposited up
to the date on which denunciation becomes effective shall continue, throughout
the period of international protection, to enjoy in the denouncing country, as
well as in all other countries of the restricted Union, the same protection as
if they had been deposited direct in such countries.
[Ratification; Entry Into Force;
Applicability of the Agreement of
(1) This Agreement shall be ratified and ratifications shall be
deposited at London not later than July 1, 1938.
(2) It shall enter into
force, between the countries which have ratified it, one month after that date,
and shall have the same force and duration as the General Convention.
(3) This Act shall, as regards the relations between the countries which have
ratified it, replace the Hague Agreement of 1925. However, the latter shall
remain in force as regards the relations with countries which have not ratified