The Hague Agreement Concerning the International Deposit of Industrial Designs o

London Act of June 2, 1934 
 
Bibliographic data
 
42E
 
Organization: WIPO
 
Short title: Hague Agreement: London Act 1934
 
Subject matter: DES
 
Text Identifier: WO-HAL
 
Published in "Industrial Property": 1979.07-08
 
1980.03
 
Reference in collection of L&T: WO 4-001
 
WIPO Publication N° 262(E)
 
WDN: 3658p
 
 
 
 
Article 1
 
 
 
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.
 
 
 
Article 2
 
 
 
(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. 
 
 
Article 3
 
 
 
(1)
 As 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. 
 
(2)
 Deposits shall be kept in the archives of the International Bureau. 
 
 
Article 4
 
 
 
(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 Agreement. 
 
(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. 
 
(4)
 The 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. 
 
 
Article 5
 
 
 
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.
 
 
 
Article 6
 
 
 
(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. 
 
 
Article 7
 
 
 
The 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.
 
 
 
Article 8
 
 
 
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.
 
 
 
Article 9
 
 
 
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.