Intellectual property · Legal information

Is an International Design Application the Hague System?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

An international design application is a search for protection in more than one country through the Hague system. It does not take the place of a registration in a single country. Madrid is the trade-mark route. The international route for a patent is not this application either. A term of protection is not written in the file, and it is not added here. The question whether an international design application is the Hague system is read from which system the application was filed in. There is no promise of a world registration.

What it provides and what it does not

With one application, a proceeding can be opened in more than one state party. Each country's regime of refusal and examination runs separately. A Hague registration does not give birth to a registration all over the world by itself. A country that was not chosen is not treated as chosen. In a country that was chosen, the risk of a local refusal is reserved. A refusal may not mean treating the international registration as wholly non-existent. What result arose in which country is read from that country's letter. If there is no letter, a result is not invented. The fee and the country list come from the choice in the application document. If the list is not in the document, a list is not added.

A national design application made directly in Turkey is not a copy of a Hague registration. The national file goes to a separate register. The international registration seeks effect in the parties that were chosen. If both routes are open at the same time, both are written. One is not pasted in place of the other. Which was opened first is read from the date in the application document. If there is no date, an order is not invented.

Priority and novelty are read from the document

The priority calendar is read from the record in the document. A number of days is not frozen in this text. If the document does not write a day, a day is not added. An early presentation to the public can harm novelty. The date of the presentation is looked for from a fair document or the date of a catalogue. If there is no date, a presentation is not assumed. The novelty test is not the whole of this text. What is written here is only that the international application does not by itself save a national novelty claim. The target market, the cost, and the novelty risk are weighed together. The discussion is not finished by adding a term of protection.

A multiple national application and the Hague route are separated according to the size of the portfolio. Multiple national means a separate file in each country. The Hague system discusses the chosen countries through one international registration. The two are not treated as the same petition. Madrid for a trade mark, and a separate international route for a patent, are not written onto the design document. A mixed-up name is corrected on the registry printout.

The choice of countries is read from the records on the application form. A country that was not marked is not treated as chosen. If a country was added later, the document of the addition is looked for. If there is no document, an addition is not assumed. If a refusal decision has come from one country, the refusal stands only in that country's letter. The result in the other countries is not copied from that letter. Each service is matched with its own country. If there is no match, a country is not invented. The representative record shows who followed the application. If there is no record, a representative is not assumed. If the applicant on the register and the name on the form differ, the difference is written. The difference does not pass the registration to someone else by itself.

The drawings carry the subject of the protection. If the drawing and the product photograph differ, which of them entered the application is read from the register. A retouched photograph is not put in place of the registration drawing. If more than one design was gathered in the same application, the record of each stands separately. If there is no record, the designs are not treated as copies of one another. If the record is not written in the document, a number is not added. A term of protection is not added either. A year is read from that record only if it is written in the official record. If it is not written, this text does not put in a year.

How the Hague record is separated

The application document, the choice of countries, and the registry printout stand together. The three are not treated as one form. Counsel in Ankara does not write the address of the Çankaya office in place of the office or the court. The competent authority is read from the application's own record. A registration does not arise in every country so that the record will pass by itself. The district of the office does not change the authority for a design application. There is no term of protection in the file. This heading does not put in a year either. A term is read from that line only if it is written in the document. If there is service, the country of the service is compared with the list of choices.

Routes that get mixed up

National design registration is under an industrial design, the international route for a trade mark is under Madrid, novelty is under novelty in a design, and gathering more than one design in one application is under a multiple design. These four do not repeat how a Hague record is read. Each looks at its own document.

Conclusion

The answer to whether an international design application is the Hague system is the Hague system. It is not a decision of a single registration. It is not the Madrid route or the patent route. A term of protection is not added. The frame is on the intellectual property page, and the basis is the name of the Industrial Property Law No. 6769 and of the Hague system. The country scope is not stated before the register, the application document, and the service are seen.

Legislation

Frequently asked questions

Is it Madrid?

No. Madrid is for trade marks. For designs, the Hague system is what is discussed.

Is it the PCT?

The PCT is for patents.

Is it a single registration?

An international registration produces effect in the parties that were chosen. The risk of a local refusal is reserved.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Intellectual property

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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