In a previous article on industrial designs, we reported on the significant development of the introduction of the registered and unregistered Community design right (view here). We are pleased to report that there has been a further significant development which has now made it much easier to register designs in various jurisdictions.

The European Community has acceded to the Geneva Act of the Hague Agreement concerning the International Registration of Industrial Designs which entered into force on 1 January 2008. This effectively allows designers to obtain design protection in a number of countries through a single international registration administered by the World Intellectual Property Organisation ("WIPO").

An industrial design is the ornamental or aesthetic aspect of an article. A design may consist of three dimensional features, such as the shape or surface of an article, or of two dimensional features, such as patterns, lines or colours. For example, designs may be applied to a wide variety of products such as jewellery or toys to list but two examples. People take the trouble to register industrial designs as having a registered industrial design can be invaluable in protecting a valuable product and ensuring that a third party does not infringe it. Registered rights are also considered valuable property rights which can add value to a client's asset portfolio and balance sheet.

As explained above, acceding to the Geneva Act of the Hague Agreement allows companies with a single application to obtain industrial design protection in a large number of jurisdictions. Protection can be secured not only throughout the European Union with the Community design (which confers protection in the 27 Member States of the European Community) but also in countries which are members of the Geneva Act such as Switzerland and Egypt for example.

The process aims to simplify procedures, reduce cost for international protection and make administration easier. If applying for industrial design outside of the EU it was previously necessary to register in each individual country. Dealing with multiple applications was costly and time consuming. Under the Geneva Act, an applicant can file a single international deposit either with WIPO or the national office of a country which is party to the Geneva Act. The design will then be protected in as many member countries of the Geneva Act as the applicant specifies in the application.

The International system also simplifies greatly the subsequent management of the industrial design since it is possible to record subsequent changes to or renew the registration through a simple single procedural step with the International Bureau of WIPO. It is hoped that many other countries that would be of interest to Irish registrants of industrial designs will soon accede to the Geneva Act of the Hague Agreement thereby making the registration and management of a design portfolio easier.

The Intellectual Property & Technology Unit assists our clients register industrial designs at national level in Ireland, in the EU by the registration of Community designs and now we can assist our clients in using this new registration system to apply for international industrial designs.

For further information please contact Aine Matthews or Deirdre Kilroy.

January 2008.