This article has been written by Mr. Atul Chaudhary, a 3rd Year Student of M.S. Law College, Mumbai.
Introduction
The Hague Agreement Concerning the International Deposit of Industrial Designs (the Hague Agreement) is the basis of the Hague system, of which the Geneva Act 1999 is the latest and the most prominent act. The Hague system provides designers and businesses of the member states with the possibility to apply for design protection in several countries through a single application filed with the World Industrial Property Organization (WIPO), which administers the system in Geneva, Switzerland.
There are currently 77 contracting parties to the Hague Agreement, which covers over 90 countries. The Hague Agreement comprises three acts, the latest of which – the Geneva Act (adopted in 1999) – came into force in 2003. There are already 69 contracting parties to the Geneva Act to date, and the number is increasing. The Geneva Act provides the most modern, and therefore also the most flexible, route for countries to enter the Hague Agreement. It allows parties to make declarations (ie, exceptions honouring their domestic requirements for the registration of designs), while still complying with the Hague Agreement.
Abstract
The present paper deals with the comparative study of the Geneva Conventions of 1949 juxtaposed with the Geneva Convention Act of 1960 and other domestic laws within the legal framework in india. On 2nd July 1999 the Geneva diplomatic conference adopted the new version of the Hague convention and its rules. 16th July of the diplomatic meeting, the text of the Geneva agreement was signed by the fully authorised representative of 24 countries.
Therefore, today the Hague convention has three separate articles; the London law (1934), the Hague law (1960) and the Geneva law (1999). related, living together. International industry registry.
However, the Geneva conventions have not yet entered into force; it will enter into force three months after six countries submit their instruments of ratification or accession, if at least three of the countries sign up. Taking action on the ground, such as those clearly stated In the agreement. The purpose of these provisions is to rnsure that the international registration system envisaged by the 1999 law becomes widespread when it comes into force. the current Hague system therefore remains subject to the 1934 and 1960 version of the Hague convention.
The paper talks about the scope and limitations of the same. Correlation is drawn between the conventions with municipal laws. The paper has shown how certain domestic laws which are in force within the territory of india give effect to the various provisions of Geneva Convention. directly or indirectly. Various instances have been culled out describing the incidents of application of the act and conventions in India.
Why is it necessary to create a new draft law of the Hague Convention?
Despite the fact that the countries that have ratified the 1934 and 1960 laws use the international registration system to satisfy design owners, the number and surface area of these countries are relatively small. Presently, the Hague Community consists of just 29 nations. Certain countries—many of which are included in this list—have significant influence over the design’s storage, but they feel that the 1934 and 1960 Acts do not adequately address their current needs, and their own laws demand that the design be completed. fresh evaluation).
There are two goals for the 1999 Geneva Code:- To bind new members of the Hague System on the one hand; In light of this, The Geneva Code added a few elements.
The Hague Agreement was renamed the Hague Convention on the International Registration of Commercial Deposits (Transfer of International Deposits) by the Geneva Convention. Furthermore, rather than using the word “registration” as in the 1934 and 1960 Conventions, the terms “application” and “registration” are used in the Geneva Conventions (and Conventions within Conventions). This new language defines the international registration procedure under the new law more precisely and is more in line with the language used in current national and regional laws.
A person who resides, works, or maintains a principal place of business within the borders of a Contracting Party, or who is a member of any State Party territory or of an organization connected to a Party’s government. Send in an application anywhere in the world. 13. The ability to assert an international claim based on how the environment appears (on the Contracting Party’s territory) is a recent development.
The term “habitual residence” is taken from the Berne Convention for the Protection of Literary and Artistic Works and was introduced to define the very narrow concept of “habitual residence”. “Domicile” under the legal system of a specific nation or region.
If any person within or without India commits or attempts to commit, or abets or procures the commission by any other person of, a grave breach of any of the Conventions he shall be punished,— (a) Where the offence involves the wilful killing of a person protected by any of the Conventions, with death or with imprisonment for life; and (b) in any other case, with imprisonment for a term which may extend to fourteen years. (2) Sub-section (1) applies to persons regardless of their nationality or citizenship. (3) For the purposes of this section,— (a) a grave breach of the First Convention is a breach of that Convention involving an act referred to in article 50 of that Convention committed against persons or property protected by that Convention;
Ministry of Law and Justice is the Central Authority for both the Conventions.
India has acceded to The Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters and also Hague Convention on Taking of Evidence Abroad in Civil and Commercial Matters in the year 2007.Ministry of Law and Justice is the Central Authority for both the Conventions. Judicial Section is dealing with the work of service of summons/notices to Indian nationals through Judicial Authorities, received from the foreign countries under the said Conventions. Judicial Section also deals with forwarding of service of summons/notices originated from Judicial Authorities of the country to the Central Authorities of foreign countries.
ACCESSIBLE PEOPLE TO THE GENEVA ACT
The Geneva Conventions are recognized by relevant organizations in addition to by nations. The Agreements are the collective name for the agreements between the Company and its subsidiaries. To join the Geneva Conventions as a Contracting Party.
Companies operating in regions covered by their conventions defending designs that are legitimate. Furthermore, the intergovernmental organization must have at least one member who is a WIPO member. The 1934 and 1960 Law parties, as well as the parties to the new law, will be members of the same union, the Haguen Union.
A person who resides, works, or maintains a principal place of business within the borders of a Contracting Party, or who is a member of any State Party territory or of an organization connected to a Party’s government. Send in an application anywhere in the world. 13. The ability to assert an international claim based on how the environment appears (on the Contracting Party’s territory) is a recent development.
The very specific definition of “habitual residence” is defined by the term “habitual residence,” which was introduced in the Berne Convention for the Protection of Literary and Artistic Works. “Domicile” under the legal system of a specific nation or region.
The Geneva Act, which entered into force on 3 February 2003, brought significant changes to the Hague Agreement, making it more flexible and attractive to potential users. The following are some of the main components of the Geneva Act and how they might affect India or any other nation that accedes to it:
Extension of scope: The Geneva Act extended the scope of protection offered by the Hague Agreement to include a wider range of industrial designs. It introduced the possibility of protection for designs that were not eligible under the original 1925 Act.
Accession of certain intergovernmental organizations: The Geneva Act allows certain intergovernmental organizations to become a party to the agreement and gives them the possibility to file international applications for industrial designs.
If India were to accede to the Geneva Act, it could potentially bring several benefits, including:
International Protection: Indian designers could use the Hague system to obtain international protection for their industrial designs in multiple member countries by filing a single international application.
Streamlined Process: The International Registration System simplifies the application process for obtaining industrial design protection, potentially making it more efficient and cost-effective for Indian applicants seeking protection in multiple jurisdictions.
Increased number of foreign applications: If India becomes a member, there may be an increase in the number of international industrial design applications filed by foreign entities in India through the Hague system.
Harmonization of Practices: Membership of the Hague Agreement would require India to align its design practices with the standards set out in the Agreement, which would contribute to greater international harmonization of design protection practices.
new nations signing on
There are some geographical regions that are absent from the Hague system. Nonetheless, its reach has expanded recently with the entry of markets like South Korea, Japan, the US, and Russia. The Hague system received further good news in February 2022 with its expansion to China, which joined the Hague Agreement (Geneva Act 1999) on 5 May 2022. Out of the top 10 world economies (by gross domestic product in 2021), only India has not yet joined.
International design registration is something that all design-intensive companies which have an international business should consider as an option instead of national or regional registrations. For global companies, this consideration should be built into their IP strategy. Nordic design countries Norway, Denmark, Sweden.
The Vienna Agreement establishes a classification (the Vienna Classification) for marks that consist of, or contain, figurative elements. National intellectual property offices indicate in official documents and publications relating to registrations and renewals of marks the numbers of the categories, divisions and sections of the Classification to which the figurative elements of those marks belong.
The Classification facilitates trademark anticipation searches and avoids substantial reclassification work when documents are exchanged at the international level. In addition, countries party to the Vienna Agreement do not need to draw up their own national classification or keep an existing one up to date.
India is among the world’s largest telecom markets with a high dependence on wireless technology for broadband connectivity. India is among the world’s largest telecom markets with a high dependence on wireless technology for broadband connectivity. India showcased its achievements in IP, including the increase in IP filings, fast patent examination reports, and the establishment of innovation labs that have reached millions of children, particularly in rural and government schools. India celebrated women scientists and achievers on World IP Day and trained a million women and girl children on IP awareness and innovation. The National Intellectual Property Awareness Mission (NIPAM) played a significant role in these efforts. The aim of India’s initiatives is to provide support and guidance to young innovators and address major challenges in the country by leveraging knowledge and technology. India emphasised the importance of a robust IP innovation ecosystem, starting with IP education at the school level. India also highlighted its commitment to sustainable development goals (SDGs) and climate objectives, offering solutions in these areas. The country has made legislative changes and plans to introduce amendments to IP acts and rules. India actively pursues global compliance, aiming to collaborate closely with other countries, including on international agreements such as the Lisbon Agreement, the Geneva Act, and the Hague Agreement
CONCLUSION
After more than eight years of planning, the Geneva text is largely unbalanced. The new review preserves the importance of the Hague System’s simplicity while also taking into account the law’s unique features. Both the latter and the plan to increase the Hague System’s territory are crucial for users. We’re hoping that this expansion will come to pass.
References
This article was originally on Lexology The link for the same is herein https://www.lexology.com/commentary/intellectual-property/international/bryn-aarflot-as/hague-system-on-international-protection-of-industrial-designs-geneva-act-1999
This article was originally written by WIPO The link for the same is herein https://www.wipo.int/wipolex/en/text/285214