Topic 123 — Hague Agreement (International Design Registration)

The Hague Agreement Concerning the International Registration of Industrial Designs is the international system enabling registration of industrial designs in multiple countries through a single application. Administered by WIPO from headquarters in Geneva, the system has evolved through three Acts: the LONDON ACT (1934) [discontinued], the HAGUE ACT (1960) [frozen 1 January 2025], and the GENEVA ACT (1999) — now the SOLE ACT under which new applications can be filed (effective from 1 January 2025). The Geneva Act 1999 was concluded 2 July 1999 and modernised the system to attract broader participation. With 79+ contracting parties (as of 2024), the Hague System has become a key tool for international design protection. India ratified the Geneva Act and acceded on 13 September 2014 — making India's designs internationally protected through this system. The system's key advantages: (1) ONE international application designating multiple countries; (2) ONE language (English/French/Spanish); (3) ONE set of fees in Swiss Francs; (4) UP TO 100 designs in single application; (5) STREAMLINED management of changes, renewals. The framework operates through the OFFICE OF ORIGIN (where applicant resides) and DESIGNATED CONTRACTING PARTIES (countries where protection sought). Each designated country examines under its own law and may refuse on national grounds. India's Patents Office acts as Receiving Office; Indian Designs Act 2000 implements the Geneva Act framework. Under Section 6 of the Designs Act 2000, the Indian Patent Office (Designs section) administers Hague applications. The 2024 WIPO Treaty on Genetic Resources and Traditional Knowledge (May 2024) intersects with design protection for traditional/cultural designs. This topic walks through every aspect of the Hague Agreement — Geneva Act framework, India's implementation, advantages, and strategic considerations.

1. Hague Agreement — Foundational Framework

A. Three Acts Evolution

Act	Year	Status
London Act	1934	DISCONTINUED.
Hague Act	1960	FROZEN from 1 January 2025; existing registrations valid.
Geneva Act	1999	SOLE Act under which new applications can be filed (since 1 January 2025).

B. Original Hague Agreement (1925)

Concluded 6 November 1925 in The Hague.
Original international design registration framework.
Limited initial membership.
Modernised through subsequent Acts.

C. Geneva Act (1999) — Modern Framework

Concluded 2 July 1999 in Geneva.
Effective: 23 December 2003.
Designed to attract broader participation.
Sole Act for new applications since 1 January 2025.
79+ contracting parties (as of 2024).

D. India's Engagement

India ratified Geneva Act: 13 September 2014.
Indian Patent Office (Designs) — Receiving Office.
Designs Act 2000 — implementation framework.
Patents Rules + Designs Rules — Hague procedures.

2. Eligibility for Hague System

A. Three Eligibility Bases

✅ Hague System Eligibility

Applicants qualify on basis of: 1. NATIONALITY — Applicant is national of Contracting Party. 2. INDUSTRIAL/COMMERCIAL ESTABLISHMENT — Applicant has real and effective industrial or commercial establishment in Contracting Party. 3. HABITUAL RESIDENCE — Applicant has habitual residence in Contracting Party (only available for Geneva Act adherents). Intergovernmental Organizations: · African Intellectual Property Organization (OAPI). · European Union (EU). Indian applicants: · Indian nationals. · Real and effective Indian establishment. · Habitual Indian residence. CROSS-BORDER FILING: · Applicant in EU member state can file based on EU domicile. · Even non-Geneva Act EU members benefit through EU regional designation.

B. Indian Eligibility

Indian nationals (natural and legal persons).
Companies with real Indian operations.
Indian habitual residence.
Indian individual designers.
Indian SMEs increasingly leverage.

3. The International Application Process

A. Step 1 — Office of Origin

Applicant files in their home country first.
Indian applicants → Indian Patent Office (Designs section).
Filing fee in Indian Rupees.
English language application.

B. Step 2 — International Application

✅ Step 2 — International Application

Application filed: · International application form. · Designation of countries where protection sought. · UP TO 100 designs in single application (modular). · Specific design representations. · Fees in Swiss Francs. · Languages: English, French, or Spanish. Processing: · Office of Origin certifies basic mark. · Submits to WIPO International Bureau. · WIPO examines for formalities. · Notifies designated countries.

C. Step 3 — International Examination

WIPO International Bureau examines for formal compliance.
Provides opportunity to correct irregularities.
Records in International Register.
Publishes in International Designs Bulletin.

D. Step 4 — Designated Country Examination

✅ Step 4 — Designated Country Examination

Each designated country examines according to its own law: · Examines for novelty + originality. · Examines for design definition compliance. · Examines for public order/morality. · Examines for prior designs. Response Options: · Acceptance — registration in that country. · Refusal — provisional refusal (specific timeframe). · If no refusal in prescribed period — registration deemed effective. Indian designated examination: · Designs Act 2000 framework. · Section 4 — registrability requirements. · Section 6 — Indian Patent Office processes. · Indian Designs Office examines.

4. Geneva Act Specific Features

A. Multiple Designs in One Application

UP TO 100 designs in single international application.
Significant cost savings.
Streamlined management.
Particularly useful for design-intensive industries (fashion, electronics, automotive).

B. Term of Protection

INITIAL

years

MAXIMUM

years (5+5+5)

EU EXTENSION

years

Initial term: 5 years.
Renewable in 5-year increments.
Total maximum: 15 years (most countries).
Some countries extend up to 25 years.
India: 10 years + 5 year extension under Designs Act 2000.

C. Refusal Period

Designated country can refuse within 6 months from international publication.
Some countries extended to 12 months.
After period, registration deemed accepted.

5. India's Hague System Engagement

A. India's Membership

India ratified Geneva Act on 13 September 2014.
Indian Patent Office (Designs) acts as Receiving Office.
Receives international applications designating India.
Indian Designs Act 2000 implements framework.

B. Indian Hague Statistics

✅ India's Hague Engagement (2023-2024)

Outbound (Indian applicants): · Hague applications from Indian applicants: growing rapidly. · Top destinations: US, EU, China, Japan, Korea. · Significant cost savings for Indian businesses. · Tech, FMCG, automotive, fashion sectors leading. Inbound (designating India): · Hague applications designating India: increasing. · Major source countries: Germany, France, US, China, Japan. · Indian Patents Office (Designs) processes within 6-12 months. Growth Trajectory: · India ranks among growing Hague users. · Government promotion of design IP. · Make in India + creative industries focus. · Continued growth expected.

C. Indian Designs Act Alignment

Section 2(d) — design definition aligned.
Section 4 — registrability requirements.
Section 5(2) — priority claim from Convention countries.
Section 11 — term: 10 years (extendable to 15 years).
Section 22 — piracy + ₹50K fine.

6. Hague System Advantages

A. For International Filers

Aspect	Direct Filing	Hague System
Application	Separate in each country.	ONE application for multiple countries.
Designs in application	One design per country.	UP TO 100 designs per application.
Fees	Multiple separate fees.	ONE consolidated fee.
Currency	Multiple currencies.	ONE currency (Swiss Francs).
Language	Multiple languages.	ONE language (English/French/Spanish).
Management	Multiple agents.	ONE management point.
Renewals	Country-by-country.	ONE renewal procedure.
Refusal period	Country-specific.	Standardized (6-12 months).

B. For Indian Designers

Indian designers access international protection efficiently.
Cost-effective for Indian SMEs.
Streamlined for global operations.
Strategic for design-intensive industries.
Foundation for international design expansion.

7. Recent Hague System Developments

A. Geneva Act as Sole Operating Framework (1 January 2025)

✅ 1 January 2025 — Major Hague System Transition

Effective 1 January 2025: · Hague Act (1960) FROZEN — no new applications. · Geneva Act (1999) becomes SOLE Act. · Common Regulations renamed "Regulations Under the Geneva Act (1999) of the Hague Agreement Concerning the International Registration of Industrial Designs". Impact: · Existing registrations under Hague Act remain valid. · Existing registrations renewable. · All NEW applications under Geneva Act. · Modernised framework supreme. Indian Significance: · Indian applicants benefit from modernised framework. · Streamlined procedures. · Modern multimedia design representation.

B. Indian Recent Cases

📖 Arjan Dugal & Anr. v. Shubham Gandhi & Anr., 2025 (Del HC)

Facts — Plaintiffs alleged former employee misappropriated proprietary designs and ~6,000 client database.

Combined Claims — Trade secret + copyright + design infringement.

Holding — Delhi HC granted EX PARTE AD INTERIM INJUNCTION.

Significance — Recent demonstration of design IP enforcement; Hague-derived rights.

8. Strategic Considerations

✅ For Indian designers — eight points

For international expansion, leverage Hague System from start.

For multi-design protection, file up to 100 designs in single application.

For cost optimization, leverage Hague consolidated fees.

For management efficiency, use single agent through Hague.

For renewal strategy, manage through Hague single cycle.

For refusal response, prepare country-specific arguments.

For commercial strategy, designate key markets aligned with business plan.

For litigation, leverage Indian Designs Act enforcement.

✅ For design portfolios — six points

For new designs, prefer Hague for international scope.

For existing portfolios, evaluate Hague extension.

For technology transfer, integrate Hague designs.

For mergers/acquisitions, navigate Hague recording.

For licensing, integrate Hague management.

For digital strategy, integrate with online design protection.

9. Memory Aid — Quick Recall

✅ Quick Recall — Hague Agreement

Hague Agreement — international design registration; administered by WIPO.

Three Acts: London 1934 (discontinued); Hague 1960 (frozen 1 Jan 2025); Geneva 1999 (sole Act since 1 Jan 2025).

Geneva Act 1999 concluded 2 July 1999; effective 23 December 2003.

79+ contracting parties (2024).

India member of Geneva Act since 13 September 2014.

UP TO 100 designs in single application.

Term: 5+5+5 = 15 years (most countries).

India under Designs Act 2000: 10 years + 5 = 15 years.

Refusal period: 6-12 months from international publication.

Indian Patents Office (Designs) acts as Receiving Office.

Designs Act 2000 — implementation framework.

Eligibility: nationality + establishment + habitual residence.

🎯 EXAM POINTERS — TOPIC 123

Hague Agreement — international design registration; administered by WIPO from Geneva.
Three Acts: London (1934 discontinued); Hague (1960 frozen 1 January 2025); Geneva (1999 sole Act since 1 January 2025).
Geneva Act 1999 — concluded 2 July 1999; effective 23 December 2003.
79+ contracting parties (2024).
India ratified Geneva Act on 13 September 2014.
Three eligibility bases: nationality + real industrial/commercial establishment + habitual residence.
UP TO 100 designs in single international application.
Languages: English, French, Spanish.
Currency: Swiss Francs.
Term: 5 years initial; renewable in 5-year increments; total 15 years (most); up to 25 years (EU extension).
India's term: 10 years + 5 year extension under Designs Act 2000.
Refusal period: 6 months from international publication; some countries 12 months.
Indian Patent Office (Designs section) acts as Receiving Office.
Designs Act 2000 — implementation framework.
Section 2(d), 4, 5(2), 11, 22 Designs Act — Hague-aligned provisions.
1 January 2025 — Geneva Act becomes sole operating framework.
Indian growth in Hague applications continues.
Recent: Arjan Dugal v. Shubham Gandhi (Del HC 2025) — combined design + copyright + trade secret.