THIS ARTICLE HAS BEEN WRITTEN BY MS. VISHAKHA BAIROLIYA, A FIRST YEAR STUDENT OF LLOYD LAW COLLEGE,GREATER NOIDA, UTTAR PRADESH

Before understanding the impact of the Geneva act if the Hague agreement on India first lets understand what is Geneva act of Hague agreement~

1. 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.
2. 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.
3. 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.

Why is it necessary to create a new draft law of the Hague Convention?

1. Although the international registration system provided by the 1934 and 1960 Laws is used to satisfy design owners in the countries that are parties to the Law, the number of these countries is small and the surface area is small. Currently, only 29 countries are members of the Hague Community. There are some countries missing (many are in these countries) that have a lot of influence on the storage of the design but believe that the 1934 and 1960 Acts do not meet their current needs their own laws require the design to be finished. new review).
2.  The 1999 Geneva Code has two purposes:- On the one hand, to bind the Hague System to new members; To this end, The Geneva Code introduced certain features into the Hague System to allow or facilitate access to countries whose laws provide for new analyses; – On the other hand, preserving the simplicity of the Hague System and making it attractive for applicants. 
3. The Geneva Convention also provides for the establishment of links between international registration procedures and regional systems, such as the future design of the European Community or those of the African Organization for Intellectual Property (OAPI), and calls the relevant organizations Legal Bodies.
4. 7. The main updates of the 1999 Geneva Code compared to the current system provided by the 1934 and 1960 Acts can be summarized as follows.

Name of the Hague Agreement

1. 8. The Geneva Convention renamed the Hague Agreement, which now becomes the Hague Convention on the International Registration of Commercial Deposits (Transfer of International Deposits). Additionally, in the Geneva Conventions (and Conventions within Conventions) the terms “application” and “registration” are used instead of the word “registration” as in the 1934 and 1960 Conventions. This new language is closer to the language used in existing national and regional laws and more clearly defines the international registration process under the new law.

WHO CAN ACCEDE TO THE GENEVA ACT~

 Not only countries recognize the Geneva Conventions, relevant organizations can also recognize them. The Company’s Agreements and its Subsidiaries are collectively known as the Agreements. 10. To become a Contracting Party to the Geneva Conventions:

– A country must meet only one condition, membership of WIPO;3

– Relevant organization where the government must have a licensing office,

Businesses in areas to which their conventions apply Providing protection to valid designs. In addition, at least one of the members of the intergovernmental organization must be a member of WIPO.

~ The parties to the new Law will be members of the same union (Hague Union) as the parties to the 1934 and 1960 Laws.

The right to apply internationally

 A person who is a member of any territory of a State Party or of an organization associated with the government of a Party, or who has his domicile, residence or principal business and has a profit or business in the territory of a Contracting Party. Submit an application worldwide. 13. The right to make an international claim based on the presentation of the environment (in the territory of the Contracting Party) is new.

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” in the laws of a particular country or territory.

SPECIAL REQUIREMENTS~

The Geneva Convention provides for two types of specific requirements which may be declared by the Contracting Party and which the applicant must comply with if he chooses the Contracting Party in the international application. 

Special Requirements Concerning the Applicant

Any party whose law requires that an application for registration of a design be made in the name of the creator of the design shall notify the Director. If the Contractor is selected in the international application, the manufacturer must be specified and this person is, in any case, considered the applicant for the purposes of the Convention. Whether the international application has been made in his/her name. Additionally, if the creator named in the international application is different from the person specified by the applicant, a word or file must be added to the international application in the >Relevant international application br>Application section. It is submitted on behalf of the person named as the applicant, by the person mentioned as the inventor in the international application.

Special Requirements Concerning the Unity of the Design 

This is true for a Contracting Party whose law contains a formula ensuring uniformity when it becomes a Convention of the Geneva Conventions (generally speaking, since two or more designs in the same application must have the same design). The purpose of the notification is to enable the agency to notify Contracting Parties not to accept the benefits of international registration in the following cases: non-compliance with the relevant provisions. In such cases, the Office shall announce the rejection of a request from the owner of the international name to transfer this name solely to the Joint Committee appointed by >. If classification proves necessary, the Agency may charge the registrant a further fee (over and above the initial international registration fee) based on the established requirement. Payment of these additional fees shall not be governed by the Geneva Conventions or Regulations; these will be listed by all Partners and written directly by the Owner.

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. Some of the key elements of the Geneva Act and its potential impact on India or any other country acceding to it include:

• 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.
• Examination Flexibility: The Act introduced flexibility in the examination process, allowing contracting parties to choose whether to conduct substantive design reviews. This flexibility can simplify procedures and reduce costs for both applicants and national authorities.
• Term of protection: The Geneva Act extended the maximum term of protection for international registrations from 15 to 25 years.
• Defense of independent creation: Introduced a provision in Article 11(3), commonly known as the “independent creation” defence, which provides a guarantee against liability for certain acts done in good faith without knowledge of the existence of a registered design.

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.

CONCLUSION~

The Geneva text is the result of over eight years of planning and resulted in little balance. While the unique features of the law are taken into account in the new review, the importance of the simplicity of the Hague System is also preserved. The latter is very important for users, as is the vision of expanding the territory of the Hague System. We hope this expansion will become a reality.

REFERENCES~

• WIPO(WORLD INTELLECTUAL PROPERTY ORGANISATION GENEVA 1999. (https://www.wipo.int/edocs/pubdocs/en/designs/453/wipo_pub_453.pdf)
• LEXOLOGY
• USPTO (UNITED STATED PATIENT AND TRADEMARK OFFICE) (https://www.uspto.gov/ip-policy/industrial-design-policy/hague-agreement)