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Dez 13, 2018 (Newsletter Issue 21/18)
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Declarations on Hague Agreement of Industrial Designs

On June 7, 2013, September 3, 2013, and September 18, 2018, respectively, the Government of Belgium, the Government of Luxembourg and the Government of the Netherlands (for the European part of the Netherlands), deposited with WIPO their instruments of ratification/accession to the Geneva (1999) Act of the Hague Agreement Concerning the International Registration of Industrial Designs.

The said instruments were accompanied by the following declarations:
– the declaration referred to in Article 4(1)(b) of the 1999 Act, whereby international applications may not be filed through the Benelux Office for Intellectual Property (BOIP);
– the declaration referred to in Article 11(1)(a) of the 1999 Act, whereby the maximum period for the deferment of the publication of an industrial design provided for by the legislation of Benelux is 12 months;
– the declaration required under Article 17(3)(c) of the 1999 Act, specifying that the maximum duration of protection provided for by the legislation of Benelux in respect of industrial designs is 25 years; and
– the declaration referred to in Article 19(1) of the 1999 Act, according to which the BOIP is designated as the common Office to the three Benelux countries and the territories of the three countries to which the Benelux Convention on Intellectual Property (trademarks and designs) applies are considered as one single Contracting Party for the application of Articles 1, 3 to 18 and 31 of the 1999 Act.

Therefore, in accordance with Articles 27(3)(c), 28(3)(b), 30(1)(i) and 30(2) of the 1999 Act, the 1999 Act and the declarations made under Articles 4(1)(b), 11(1)(a) and 17(3)(c) of the same Act, will enter into force, with respect to Benelux, on December 18, 2018.

More information on the declarations is available here