International

Question 1

US: duration, maintenance fees, absolute novelty, grace period, multiple applications, deferment of publication

Answer 1

15 years from grant date
no maintenance fees
absolute novelty not required
12 months before the filing date for applicant’s disclosures
multiple apps not possible - can file divisionals
deferment not possible

Question 2

CN: duration, maintenance fees, absolute novelty, grace period, multiple applications, deferment of publication

Answer 2

10 years from filing date
first annual fee due when design certificate issued
absolute novelty required
6 month grace periods for: disclosure of any person without applicant’s consent (e.g. abuse), publication at recognised academic/technological meeting, display at recognised international exhibition

multiple applications possible if products belong to the same class (sub-class) of Locarno classification and they are used or sold in sets, i.e. if they incorporate the same design concept and are customarily sold and used at the same time

deferment - no relevant legislation

Question 3

JP: duration, maintenance fees, absolute novelty, grace period, multiple applications, deferment of publication

Answer 3

20 years from registration date
first renewal fee 30 days from notice of grant, extendable by 30 days at most; fees payable each year
absolute novelty required
12 month grace period for applicant’s disclosures (or contrary to their will)
multiple apps not allowed, if multiple app filed, several applications have been filed
deferment possible

JP are also examined substantively

Question 4

Hague - who can file

Answer 4

natural persons/legal entities having a real and effective industrial or commercial establishment or a domicile

in at least one of the Contracting parties to the HA

or nationals of one of these Contracting parties

or of a Member State of an intergovernmental organisation that is a contracting party

also habitually resident in contracting party (1999)

Question 5

Hague - where to file

Answer 5

file with IB of WIPO

or with industrial property office of the contracting party, if the lat of that contracting party so permits or requires

Question 6

Hague - fees

Answer 6

basic fee
publication fee
standard or individual designation fee

may also need to pay a transmittal fee if not filing directly with IB

Question 7

Hague - filing date requirements

Answer 7

request for IR
data concerning the applicant
at least one reproduction of the design (if 2D design and deferred publication, can be a specimen)
an indication of products
an indication of designated contracting parties
fees

Question 8

Hague - additional mandatory contents

Answer 8

indications of creator of the design
description of the reproductions
a claim

Question 9

Hague - multiple applications

Answer 9

up to 100 designs, provided that they belong to same Locarno class

Question 10

Hague - deferment

Answer 10

30 months from filing/priority date

Question 11

Hague - examination

Answer 11

once IR is published, each designated contracting party may refuse protection within 6/12 months

no refusal = grant of protection

Question 12

Hague - duration

Answer 12

5 years from international registration
extendable by at leat two further 5 year periods
if law of CP provides for a longer term of protection, then such protection will be granted in that CP