Industrial design is territorial right and by registration the right on design is acquired on the territory of the country for which it has been registered. In the case that the applicant wishes to file an application for the protection of industrial design in other countries, he can do so directly by filing the application in the country where protection can be obtained through the representative in that country, or by the International industrial design registration procedure with the designation of countries/regions for the protection through the Intellectual Property Office. In the case of filing the application of industrial design out of Serbia with the previously filed national application, one should take care to do so in the priority term of 6 months for the sake of the grant of filing date from the national application.
To whom should the application for the international registration be filed?
The right holder or the person filing the application for the grant of right to industrial design can file request for the international registration of his industrial design through the Intellectual Property Office
An application for international registration may also be submitted directly to the International Bureau.
What are the advantages of the international registration?
On the basis of the Hague Agreement on the international registration of industrial design, protection can be achieved in the countries that are signatories to that agreement.
International system of the registration of industrial design offers possibility of realization of protection of industrial design in more states and/or international organizations by filing one application and paying one unique fee. In the framework of the Hague System, one international application replaces a whole serial of applications which should otherwise be filed to the Offices of the appropriate countries.
Who can file application for the international registration?
Natural persons that are the citizens of the Republic of Serbia or have residence on its territory and legal entities, that have seat and real and serious industrial or trade company on the territory of the Republic of Serbia, through the Intellectual Property Office can file application for the international registration of industrial design to the International Bureau of the World Intellectual Property Organization (WIPO).
What are the parts of the application for the international registration of industrial design?
- Request for the international registration of industrial design, Form MD-1
- Representation of industrial design
- Power of attorney (if application is filed through the representative)
- Proof on the payment of fees
In which countries can industrial design be internationally registered?
The List of the member states of The Hague agreement for which it is possible to obtain the international registration of industrial design you can see on the link.
How long does international registration last?
International registration of industrial design lasts for five years, counting from the date of the international registration and it can be extended every five years, depending on the national laws of member states designated in the application (maximum of 25 years).
How much does the international protection of industrial design cost?
For the international registration of industrial design, the applicant, apart from the republic administrative fee also pays the fee in Swiss francs (CHF) to the International Bureau of the World Intellectual Property Organization (WIPO) in Geneva.
The fee is paid for the first period of registration in the duration of five years, providing that before the expiry of the mentioned period, and at the latest in the term of six months after the expiry of this term (with the payment of additional fee), protection can be renewed for the period of the next five years and so on, depending on the national laws of the countries designated in the application (maximum of 25 years).
The protection can be renewed in all or only in some from the previously designated countries and for all or only for some industrial designs, if it considers the multiple application.
The basic fee for the international registration of industrial design amount to 397 CHF for the first design, and 19 CHF for every next one. Along with the basic fee for the international registration of industrial design, fee for every of the designated states where protection is sought, it is necessary to pay additional 17 CHF for every display of industrial design. For a larger number of displays that can not be placed on one A4 sheet of paper, one must be charged for each next format A4 sheet of paper with the displays and the fee amounts to 150 CHF.
You can calculate the text yourself by means of the application Hague System Fee Calculator.