Yes, today is the day that the Hague Agreement enters into force in Canada. This is an important development for the Hague system, which is the international filing mechanism for protection of industrial designs.
Keep in mind that Switzerland will turn off daylight saving time today. Those who are filing documents at the International Bureau — documents that need a same-day filing date — should check to make sure they know what time it is in Switzerland as of today.
For US filers, keep in mind that the US will not turn off DST today. The US will turn off DST a week from now.
US filers who are getting ready to file a document at the IB should thus pay close attention during this next week to what time it is in Switzerland.
The practical effect for most US filers is that for the next week, you get an extra hour to e-file. For example if you are in the Mountain Time Zone, normally you rush to file by 4PM if need a same-day filing date at the IB. But for the next week you can file as late as 5PM and you will still get a same-day filing date at the IB.
Those who are e-filing in ePCT can readily check any time to see what time it is in Geneva, because at the top of any ePCT user screen it says what time it is in Geneva. Here is a screen shot. For example right now it is 4:44 AM Mountain Time and as you can see it is 11:44 AM in Geneva.
What we are all accustomed to is that when we are picking a Receiving Office for the filing of a new PCT application, a substantial drawback of RO/IB is that we have to worry about the time zone. For the US-based filer who is selecting between RO/US and RO/IB, the typical difference is six hours. A filer in the Mountain Time Zone, for example, who is rushing to get a same-day filing date would need to e-file by 10PM if e-filing in RO/US but would typically need to e-file by 4PM if e-filing in RO/IB.
What I did not realize, until quite recently, is that things are quite different when one is e-filing a Hague application (in other words, an international design application rather than an international patent application). Continue reading
These days it is pretty interesting to keep track of the growth of the Hague Agreement (the international filing system for industrial designs). Since a year ago there had been whispers (blog article October 21, 2017) that Mexico was going to join the Hague Agreement Real Soon Now. And then came the new successor NAFTA agreement (see blog article of October 2, 2018) which sets forth that Mexico must join Hague by no later than the date of entry into force of the new NAFTA agreement.
Anyway just now I was delighted to hear from Rich Stockton, who is chair of the AIPLA Industrial Designs Committee, about this particular topic. He reports that he met recently with some higher-up folks at the Mexican patent office. They told him that they expect the Mexican legislature will approve the implementing legislation during the current session and that no other major legislative steps remain other than depositing the instrument of accession (and then waiting the requisite three months for the accession to take effect).
He thus tells me that it looks to him as though Mexico will officially join the Hague system in the first few months of 2019.
This is, of course welcome news, and the accession of Mexico to the Hague system will be a welcome development.
The new NAFTA agreement has some very interesting consequences for patents and trademarks. Continue reading
WIPO is developing a new Global IP Platform or GIPP. The goal of the GIPP is to provide a personalized home page for a user of WIPO’s web site, with easy-to-find links to the various database and e-commerce systems provided by WIPO. The user can set up an array of widgets or tiles providing access to the particular databases and systems that are of interest to the user. Continue reading
On June 13, 2018 it will commence being possible to check the “GB” box in addition to checking the “EM” box when you file a design application in the Hague system. Should you actually do so? Continue reading
When the UK chose the path of Brexit, I blogged this:
The UK does not belong to Hague. It will be particularly helpful if the UK were to join Hague right away.
Today WIPO announced that starting today ( February 28, 2018) the Hague Agreement e-filing interface and international application form DM/1 have a new item to allow the provision of an access code via DAS. What does this mean? How will it affect you? Is there anything bad that will happen to practitioners who don’t know about this or fail to make use of this new item?