Class 99 readers may be interested in a new publication, The Hague Agreement on International Design Registrations: A Commentary.

The book is written by Robert Mirko Stutz and Evelyne Feller, both members of BKS Attorneys Ltd in Switzerland, and published by Edward Elgar as part of its series of commentaries in IP law.

Robert was Vice-Chair of the MARQUES Designs Team from 2013 until 2016 and Co-Chair from January 2016 until the end of 2020.

In the preface, the authors stress the “pivotal role” that the Hague System has played in achieving the goal of harmonising design protection internationally since it was established in 1925.

“With the recent amendments to its Regulations, effective as of 1 January 2025, this is an opportune moment to reflect on the achievements of the Hague System and to offer guidance on leveraging this indispensable legal tool for design law practitioners,” they add.

An introduction sets the Hague Agreement in the context of the history of design, the relationship with other IP rights and the existence of other international agreements. It also explores the development of the Hague System and introduces the Locarno Classification and the Design Law Treaty.

The bulk of the 600-page book comprises three parts.

The first part contains a commentary on each of the articles of the Geneva Act 1999, providing an overview and analysis of concepts and definitions for most of them.

The second part comprises five thematic chapters on: views and reproductions; communication with the International Bureau; time limits and excuses for failure to meet the time limits; national peculiarities; and graphical user interfaces (GUIs).

The chapter on national peculiarities focuses on practices in six key jurisdictions (China, USA, Japan, Republic of Korea, EUIPO and Canada) and contains a range of practical insights that will be invaluable for design law practitioners.

The chapter on GUIs is particularly interesting. The authors summarise the distinct approaches taken in China, Korea, Japan, the US and the UK and discuss a number of examples of GUI designs that have been registered.

They stress the importance of providing the appropriate product indication, representation and description of the product/representation for GUI designs, noting that it is sometimes a challenge to meet different requirements in a single application: “Thus, the aim is to find the largest common denominator in order to be able to file a design application for a GUI design that designates various countries with different requirements.”

The final part of the book reproduces the text of the Geneva Act, Regulations, Administrative Instructions and Hague Act 1960.

The book includes a number of useful charts and tables, and the commentary part has many high-quality illustrations of registered designs that enrich the text.

The book is likely to be very useful for students, researchers and (especially) practitioners. The authors skillfully combine detailed legal analysis with practical insights and examples, making it a valuable resource for anyone who drafts, files and manages design rights internationally.

The Hague Agreement on International Design Registrations: A Commentary (ISBN 978 1 80392 339 0) is available to buy on the Edward Elgar website. It is priced at £245 (hardback) or from £196 (ebook).