As of 1 August 2023, the 1999 Geneva Act of the Hague Agreement will enter into force in Brazil, after the Latin American country joined the Hague System on 23 February. Brazil became the 79th member of the Hague Union, whose International Design System now has a geographical coverage of 96 countries.
Thus, once it enters into force, Brazilian designers and entrepreneurs will be able to apply for design protection in any of the 96 countries covered by the Hague System through a single international application. In the case of non-residents, it will be possible to obtain international design protection in the Latin American country through the Hague System, facilitating expansion in this country.
In Brazil’s instrument of accession, some aspects to be taken into account were included, such as:
- Applications cannot be filed through the Brazilian National Institute of Industrial Property.
- Each application may include one design (with a maximum of 20 variants).
- It is compulsory to indicate the designer.
- Deferment of publication is not possible.
- Level two of the standard designation fee applies.
- The maximum term of protection in Brazil is 25 years.
The Hague system
This is the system governing the international registration of industrial designs based on a practical solution for registering up to 100 designs in 96 countries by filing a single international application which designates a number of territories that are members of the system. For the full list of countries that are members of the Hague Union, please click here.
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