Achievements in 10 Years of Community Designs

Paul Maier Director of the European Observatory on Infringements of Intellectual Property Rights, OHIM David Musker Jenkins & Co. Gerhard Bauer IP consultant Former Chief Trademark Counsel for Daimler AG, Germany Gr é goire Bisson Director, The Hague Registry, Brands and Designs Sector, WIPO Chair: Sir Robin Jacob Professor of IP Law, UCL

A Measure of the RCD’s Success The Hague System 1993 – 2013 Grégoire Bisson Director, The Hague Registry WIPO

…the ability to influence your environment “Success”: a Definition

Another “Odd Couple”

“The Hague Agreement provides creators and holders of designs with a simple, rapid and economical procedure to secure and maintain the protection of industrial designs, through a single international registration.” Applicant Territory ATerritory BTerritory C Applicant Territory A Territory B Territory C Office A Office B Office C The Hague System in a Nutshell

Hague Evolution: Designs Registered

Objective 1Objective 2 Welcome Intergovernmental Organizations Welcome Examining Offices Countries The Geneva Act of 1999

1934 Act 1960 Act 1999 Act not yet in force The Hague System: 1 April 2003

London Act (1934) Hague Act (1960) Other countries Germany 21.1% France % Total registered designs Netherlands 1030 Germany 6801 Italy 3687 Switzerland % Origin of Hague Registered Designs in 2002 by Address of the Holder (Top 5) 19% 11% 19% 5% 11%

London Act (1934) Hague Act (1960) Other Contracting Parties (average) Germany 21.1% France % Benelux Germany Italy Switzerland Total registered designs Designations by Registered Designs in % 87% 93% 85% 80% 26%

1999 Act comes into effect Evolution of Membership to The Hague vs. Designs Registered 1993 – 2012

RCD EU expands 1999 Act comes into effect Evolution of Membership to The Hague vs. Designs Registered 1993 – 2012

EU Joins Hague Evolution of Membership to The Hague vs. Designs Registered 1993 – 2012

London Act (1934) Hague Act (1960) Other countries Germany 21.1% France Netherlands 554 Germany 3837 Italy 938 Switzerland Origin of Hague Registered Designs In 2012 By Address of the Holder (Top 5) 32% 20% 24% 11% 5% 8%

Other Contracting Parties (average) Germany Ukraine % European Union 8961 Switzerland 8802 Turkey 5110 Singapore 2531 Total registered designs Designations by Registered Designs in % 74% 27% 24% 21% 6%

Objective 1Objective 2 Welcome Intergovernmental Organizations Welcome Examining Offices Countries The Geneva Act of 1999

45 Geneva Act (1999) (including EU and OAPI) 15 Hague Act (1960) ________________________________________ 60 Contracting Parties 2013? The Hague System

It was not in vain

Despite the initial blow, the Hague system is a better system thanks to the interplay with the RCD and this relationship will last. Users have more options: file for a RCD through the Hague or not, and/or file for individual EU States through the Hague or not. RCD and the Hague: In Conclusion

Questions