International Design Protection Strategy & the Hague System

If your design is meant for a global audience, protecting it in just one country is rarely enough. Competitors in other markets could easily replicate your work if you don’t secure rights abroad. That’s where an international design protection strategy comes in, and one of the most useful tools for this is the Hague System.

What Is the Hague System?

The Hague System is run by the World Intellectual Property Organization (WIPO). It enables applicants to register designs in multiple countries or regions with just one application. As of now, over 90 countries participate in the Hague System, including major economies in Europe, Asia, Africa, and the Americas.

The system offers two big advantages, i.e. instead of filing separate design applications in each country, you file once and designate all the countries where you want protection. Also, one application means fewer administrative steps, fewer translation costs, and a single renewal process.

However, since Australia isn’t part of the Hague Agreement, Australians aren’t automatically eligible to use it.

Eligibility to apply through the Hague system

If you’re based in Australia, you can only file under the Hague System if you meet one of the eligibility requirements, such as-

• Being a national of a Hague contracting party
• Being a national of a member state that is itself a contracting party (for example, the European Union or the African Intellectual Property Organization)
• Permanent residence in a contracting party country
• Having a real and effective industrial or commercial establishment in a contracting party territory

For example, if your business is incorporated in the EU or you have a manufacturing base in Japan, you could file via the Hague System even if you are Australian.

Why use the Hague system?

A strong international design strategy requires balancing comprehensive protection with practical execution. One of the most effective tools for achieving this is the Hague System, which offers a streamlined approach to securing design rights across multiple jurisdictions.

By using the Hague System, applicants can file for design protection in several countries simultaneously through a single application. This eliminates the need to prepare and submit separate filings in each target country, significantly reducing administrative burden and legal complexity. Additionally, any changes, renewals, or updates to the registration can be made in one step, simplifying ongoing portfolio management.

That said, while the application is centralized, each designated country examines the design under its own national laws. This provides applicants with clear insight into whether protection will be granted in each jurisdiction, allowing for informed strategic planning.

These features make the Hague System especially valuable for businesses engaged in international trade, e-commerce, or global brand expansion. It offers a practical and efficient pathway to securing design rights across borders, helping companies protect their visual assets while navigating the complexities of global markets.

How does the Hague system work?

Here’s the process as administered by us through WIPO-

Filing the Application

• We file directly with WIPO using eHague, their online filing platform.
• The application can include up to 100 designs, provided they fall within the same class under the Locarno Classification.
• We select which contracting parties you want to designate for protection.
• If you wish to claim priority from an earlier (base) design application, the Hague application must be filed within six months of that earlier filing date, in accordance with the Paris Convention.

Formality Examination

• WIPO checks that the application meets all formal requirements, i.e. correct design reproductions, designated countries, and fee payments.
• If there are irregularities, WIPO issues a notice. We’ll have three months to fix them.
• Once accepted, WIPO issues the certificate of international registration.

Publication

• By default, publication occurs 12 months after the filing date, unless we choose immediate or deferred publication.
• Your design is then published in the International Designs Bulletin, the official Hague System record.

Substantive Examination by Each Country

• After publication, each designated country’s IP office may review your application for compliance with its own domestic design laws.
• They can refuse protection, i.e. typically within six months (or 12 months in some jurisdictions).
• If no refusal is issued, protection is automatically granted in that jurisdiction.

Duration of Protection

Under the Hague System, initial protection lasts five years from the registration date. You can renew twice, meaning at least 15 years of protection in most countries. Some jurisdictions allow longer protection depending on their laws.

Using the Hague System Strategically

Imagine you operate an Australian design studio and have a subsidiary company based in Germany. Under the Hague System, that German subsidiary can act as the applicant, enabling you to streamline your international design protection strategy.

Through this system, we could file a single application for you via the World Intellectual Property Organization (WIPO), designating multiple jurisdictions such as the European Union, Japan, the United States, and South Korea. Each of these countries would then examine your application according to their own domestic laws, ensuring that the design meets local requirements for registration.

One of the key advantages of the Hague System is centralized management. You can handle changes, renewals, and updates to your design registrations in one place, rather than navigating separate procedures in each country. This significantly reduces administrative burden and legal complexity.

By avoiding the need for four individual national filings, you save both time and legal costs, making the Hague System a highly efficient option for businesses with global ambitions.

How We Can Help

Navigating international design protection can be complex, i.e. especially if you’re based in a country like Australia that isn’t part of the Hague System. We help clients-

• Assess eligibility for Hague System applications
• Structure their international filings for maximum protection and cost efficiency
• Prepare and file Hague applications through eligible entities or partners
• Handle renewals, changes, and disputes across multiple jurisdictions

With the right structure, you can secure global design rights faster, more affordably, and with less administrative hassle. Contact us now for a free consultation.