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Admission to the Agreement will take effect on August 1 of this year.

In mid -February, Brazil’s adhesion to the Hague Convention for the International Registry of Industrial Designs was made official after the government applied for its membership in the 1999 Geneva Minutes in December 2022. Entry into the agreement will be effective as of August 1st this year.

The process of adhesion to the system began last September when the House of Representatives approved the country’s bonding through Legislative Decree No. 274/22. With its adhesion, Brazil will become the second Latin American country (after Mexico) and the 79th member to join the Convention. Other American countries in the agreement are Belize, Jamaica, Mexico, Sao Tome and Principe, Suriname, Canada, and the United States.

The Hague Convention (in force since 1925) will allow those who have a business or produce industrial designs in Brazil to request their drawings from Brazil in any of the signatory countries through a single international request, Just as they can obtain international protection for their pictures in Brazil if they produce outside Brazil.

According to the World Intellectual Property Organization (WIPO), applications must be named after the creator, cannot be submitted through the Brazilian Patent Office (BPTO) (WIPO will administer the international applications), and may include until 20 variants of the projected model. These drawings must belong to the same class or subclass as the Locarno classification and share common characteristics. Brazil will protect the pictures recorded for 25 years.

The postage of the publication of industrial design is prohibited when Brazil has been designated in an international request; The change of holder is also prohibited until the registry receives certain documents and will not be allowed to register in the International Registry of Change of Inventive ownership in Brazil until the INPI has all the certification documents related to this change.

In Brazil, there are six resolutions related to industrial design: Resolution PR No. 232/2019, which provides for the creation of the Industrial Designs Manual (created in January 2019 through Normative Act 232/2019), and the resolutions for the expedited examination request for industrial design application dor sports products, for the delivery of the Electronic Industrial Design Registration Certificate, for the creation of the electronic industrial design module of the electronic industrial property management system, for the deposit of Requests for the filing of industrial designs for applications for geographical indications and the adoption of the international Locarno classification for industrial designs. Similarly, all these resolutions and other provisions are contained in Industrial Property Law 9,279/96, which defines industrial design in article 95, and the regulation of BPTO.

Being part of the Hague system is particularly advantageous, as it allows local designers to take their models outside Brazil and that SHEs and various companies quickly get registration in all contracting countries, avoiding complex and costly procedures, making a single payment for a Single request in a language through a single entity (WIPO) and with the freedom to schedule the publication of your registration.

Source: LexLatin