Navigating EU Design Rights: Strategies to Secure and Expand Protection via the Hague System

Design rights have traditionally received less attention than patents and trademarks, but recent trends indicate a growing recognition of their strategic value. The volume of design filings worldwide continues to rise, particularly through international mechanisms such as the Hague Agreement Concerning the International Deposit of Industrial Designs. This system, alongside the Paris Convention for the Protection of Industrial Property, offers brand owners a streamlined route to secure design protection across multiple jurisdictions.

In a recent webinar titled “Future-Proof Your EU Designs,” experts Elena Galletti of Questel and Rebeca Bonet of Brandstock Legal emphasized the Hague Agreement’s pivotal role for brand owners. They noted that as countries in Asia, Africa, and South America join the system, the global reach and uniform protection standards of the Hague system become increasingly advantageous.

According to the World Intellectual Property Organization’s (WIPO) 2024 annual review, design right registrations have reached unprecedented levels. European applicants account for approximately 60% of global design filings, with many opting for the Hague system due to its consistent protection standards, simplified formalities, and extended duration of protection.

However, the Hague system’s appeal extends beyond Europe. WIPO’s latest report reveals that China surpassed Germany as the top applicant for international design registrations in 2024, followed by the United States, Switzerland, and Italy. This surge in Asian filings is attributed to the accession of South Korea in 2014, Japan in 2015, and China in 2022, reflecting a decade-long expansion of the system’s membership in the region.

Europe, represented by the EU Intellectual Property Office (EUIPO), remains the most designated jurisdiction in Hague international applications, followed by the United Kingdom and the United States. Leading applicants from 2022 to 2024 include Procter & Gamble (US), Porsche (Germany), LG Electronics (South Korea), Ferrari (Italy), and Huawei Technologies (China), underscoring the system’s relevance to major global brands.

In terms of design classifications, Class 12 (transport) is the most popular category for registrations, followed by Class 14 (recording and communication equipment), Class 7 (household goods), Class 6 (furnishing), and Class 9 (packages and containers).

Applicants have the option to file design applications internationally via the Hague system, which covers 96 territories including the EUIPO and the African Intellectual Property Organization (OAPI), or to pursue national or regional filings under the Paris Convention route. Currently, about 40% of design applications are filed through the Hague Agreement, with the remaining 60% following the Paris route.

1. Applications can be submitted in English, French, or Spanish, with English being the preferred language in 90% of cases.

2. International registrations are initially valid for five years and can be renewed twice for additional five-year periods, although maximum protection duration varies by member jurisdiction.

3. Non-member applicants may file international registrations if they maintain a real and effective industrial or commercial establishment within a Hague member state.

During the webinar, Rebeca Bonet, Legal Manager at Brandstock Legal’s Spanish Desk, provided insights on meeting registration requirements for EU design rights. She highlighted the EU’s definition of a design as the appearance of a product or part thereof, determined by features such as lines, contours, colors, shape, texture, or materials, including ornamentation (Article 2, European Design Reform).

Design protection focuses on aesthetic aspects visible during normal use, such as shape, color, and materials. To qualify, a design must be novel—meaning it has not been disclosed publicly before the filing date—and possess individual character, which requires that the overall impression on an informed user differs from prior designs.

For component parts, visibility during normal use is essential for protection eligibility. This nuanced understanding of design rights is critical for brand owners seeking to safeguard their products effectively in the evolving EU and international IP landscape.