Brazil joins the Hague agreement: spotlight on the benefits it brings to EU/SMP SMEs

Lucía López,

IP advisor at the International IP SME Helpdesks

 

Brazil has just joined the Hague Agreement Concerning the International Registration of Industrial Designs, expanding the geographical reach of WIPO’s system to 96 countries. Following the steps of Mexico, who joined the Hague Agreement in June 2020.

The date on which Brazil will become the second country in Latin America to be a party to this agreement is August 1, 2023.

Brazil is the largest economy in Latin America and its accession strengthens the status of the Hague System as a truly global option for securing protection.

If you are an EU SME operating in Brazil or that is already doing business in the country, you must know that the signing of this agreement means that your company can now benefit from greater protection of industrial designs in the country.

 

What is the Hague Agreement?

The Hague Agreement governs the international registration of industrial designs. It establishes an international system, the Hague System, which allows applicants to register an industrial design by filing a single application with the International Bureau of WIPO, allowing design owners to protect their designs with minimal formalities in more than 90 countries, representing 70% of foreign trade in the world. It also simplifies the registration of an industrial design since it is possible to record subsequent changes and renew international registration through a single procedure.

 

How to file an application for an international design?

Applications for international designs may be filed with the International Bureau of WIPO, either directly or through the industrial property office of the contracting party of origin. In practice, most of all international applications are filed directly with the International Bureau using eHAGUE system.

International applications may include up to 100 designs if they all belong to the same class of the International Classification of Industrial Designs. Applicants may choose to apply in English, French, or Spanish.

By acceding to this agreement, a country undertakes to provide legal protection to industrial design owners, which gives them the possibility to control and exploit their intellectual property in the acceding country and in other member countries of the Hague Agreement. In addition, the country undertakes to comply with the procedures and deadlines established in the agreement for the international registration of industrial designs.

 

How EU/SMP SMEs may benefit from Brazil’s decision?

The entrance of Mexico to the Hague Agreement was very significant for this country. In accordance with WIPO’s Hague Yearly Review 2023, Mexico was the 13^th most designated country by applicants of this system in 2022. Can you already make a guess in which position will Brazil be in 2024 or 2025? Until then, check out why this system is so attractive to users:

1) Single application

EU SMEs can now register their industrial designs in Mexico, and soon in Brazil, and other member countries of the agreement through a single international registration, which simplifies and accelerates the process. Bear in mind that the international registration of your industrial design has the same effect as a national application filed regularly by all Contracting Parties at once.

2) In one language

Applicants may choose to apply in English, French, or Spanish.

3) Reduction of time

For EU SMEs, a country’s accession to this agreement means they will be able to get broader protection for their industrial designs, and they will see their costs and registration procedures reduced by up to 60%, making it easier for them to access foreign markets.

4) Pay one set of fees in one currency

To seek the registration of your industrial design in several countries, WIPO provides a set of fees:

• Basic fee: approx. EUR 407 + EUR 20 for each additional design included in the same application
• Publication fee: approx. EUR 17 for each reproduction; approx. EUR 154 for each page on which one or more reproductions are shown
• Standard or individual designation fee for each contracting party where you seek protection

To know what the full set of fees will be when applying for the protection of your industrial design via the Hague system in several countries, you can make use of the Hague System Fee Calculator.

5) Deal with just one IP office: WIPO. You can centrally manage your international registration directly through WIPO, among other advantages.

 

Contact us

If you would like to be up to date with the latest news about IP in Brazil, or any country in Latin America, and you happen to have questions about the Hague Agreement, please let us know by making use of our Helpline. It’s free, fast (maximum 3 working days), and you will get an answer from our IP experts back in English, French, Italian, German, or Portuguese (upon experts’ availability).