The International model is not, as could be thought, a model that has effects in all the states of the world.
The system of the International model is regulated by The Hague Agreement that is formed by three different regulatory bodies:
- The Geneva Act of 1999
- The Hague Act of 1960
- The London Act of 1934
The first two of these regulations are those currently used.
An International model has, in each state that is indicated in the application, the same value of a national model.
The states that make part of the so-called The Hague System change constantly since always new states enter in it.
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Different types of filings are foreseen, among which:
- Filing according only to Act of 1934: this is chosen either because the applicant has the nationality of a state that is part only of this act, or because, though being a resident of a state that has signed both acts, it designates only countries that make part of the Act of 1934;
- Filing according only to Act of 1960: this is chosen either because the applicant has the nationality of a state that is part only of this act, or because, though being a resident of a state that has signed both acts, it designates only countries that make part of the Act of 1960 and has renounced to the effects of the filing in the states foreseen by the Act of 1934;
- Filing according only to Act of 1960: this is chosen when the applicant has the nationality of a state that has signed both acts and designates states that make part of the Act of 1960 without renouncing to the effects of the filing in the states foreseen by the Act of 1934.
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You: How can I know which of the three types of filing choosing?
It is not simple because it is therefore necessary to know to which agreement the states of interest have adhered. To date, Italy has adhered only to the Act of 1960, therefore the above filing 2) is applied, but it varies depending on the interested state.
The filing is done in a single time with the WIPO of Geneve and it is not needful that the same model has been previously filed in Italy. However, if there exists an Italian registration, it is possible to claim the priority over it within 6 months.
The international model has the same effect of a national registration in each state that is indicated in the application. The contracting states have the faculty of refusing the protection, sending a communication to the WIPO within 6 months from the publication of the model, but the holder can file an appeal against such a decision.
For the filings ruled only by the Act of 1960, the model lasts 10 or 15 years according to the duration foreseen in the single states: initially the fees are paid for 5 years and subsequently once or twice for the subsequent periods of five years. The official languages of the procedure are French and English.
Not all the many states that are part of the Agreement signed the Act of 1960, Italy is one of them, therefore, they cannot be designated. The Geneve Act of 1999 has been introduced in some countries which, once extended to all the states, should guarantee greater protection. The list of the states varies continuously.
The model can be single or multiple and contain more than one model, attaching to the application pictures or drawings of the samples that want to be protected.
The cost varies on the basis of the number of the states that are chosen and on the number and format of the models that are attached.
As you may have guessed, the application for an effective International design is very delicate and complex. We strongly discourage to proceed amateurishly or with experts non highly specialized in this field.
If you already have a design of a model and you want to know the cost to file it at an International level, do not take risks.