On February 13, Brazil officially joined the Hague System for International registration of designs. This latest development comes after widespread support for the initiative and official sanctioning by the country’s legislative and executive powers last year.
Brazil’s accession to the Hague System means that applicants will be able to register their designs in 96 other countries through a single and cost-effective procedure.
The Hague System will come into effect for Brazil on 1 August 2023, making it only the second Latin American country (after Mexico) to join the agreement.
What is the Hague Agreement and how does it work?
The Hague system allows applicants to register up to 100 designs belonging to the same class, covering 96 countries (including the US, Japan and the UK). This is done through a single international application, which may be completed digitally through the eHague Gateway platform.
To file such an application, you must be a national, have domicile or habitual residence, or have a real and effective commercial establishment within a country that is a contracting party (or a member state of an intergovernmental organization party to the Hague Agreement).
More details, including information on how to calculate the fees for an application under the Hague Treaty can be found here.
In practice this means that Brazilian companies will be able to protect their industrial designs in 96 countries using a single application.
Unlike, applications under the Madrid Protocol, for example, no prior national or regional application is required to make an application.
The scope of protection can vary from one jurisdiction to another.
Respectively, foreign applicants who have registered their work with WIPO will be protected in the Brazilian market.
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