Mexico joins Hague design registration system
Mexico has deposited its instrument of accession to the Geneva Act (1999) of the Hague Agreement, thus bringing the overall number of members to the Hague design registration system up to 74.
Under the the Hague System for the International Registration of Industrial Designs, it is possible to obtain registered design protection in a number of key territories around the world via the use of a single registered design application applied for centrally at the World Intellectual Property Organization (WIPO) - based in Geneva, Switzerland.
In its accession to the Hague System, it is noted that Mexico has opted to prohibit any form of deferred publication in respect of a Hague design application which designates Mexico, and has opted to require that multiple designs in such an application be only allowed in Mexico where the designs all share unity of design. In practice therefore, these restrictions will have an impact on the number of Hague design applications which might designate Mexico - particularly those which might additionally designate the UK and the EU where such restrictions are not employed.
The above being said, the presence of Mexico as a possible territory for selection in a Hague design application will now provide further flexibility for design owners in nominally being able to obtain design protection in the territory in a cost effective manner. Importantly as well, the accession of Mexico to the Hague System will also now allow entities from Mexico to make use of the Hague System, which will likely have a significant impact on the number of Hague designs being applied for, given the commercial importance, and large population, of Mexico.
The above deposition takes effect from 06 June 2020, so for those interested in design protection in Mexico in the near future, thought should be given now as to whether such protection might be best achieved via a national registered design application or applications, or via the Hague System.
