On 9 October 2024, the World Intellectual Property Organization (WIPO) received and published a decision that the UK Intellectual Property Office will continue to issue statements of grant of protection concerning international registration of Designs.
1. Under Rule 18bis(1) of the Common Regulations Under the 1999 Act and the 1960 Act of the Hague Agreement (“Common Regulations”), the Office of a designated Contracting Party which has not communicated a notification of refusal may, within the applicable refusal period, send to the International Bureau a statement to the effect that protection is granted to the designs that are the subject of the international registration in the Contracting Party concerned (“statement of grant of protection”). However, no legal consequences result from the fact that such a statement of grant of protection has not been sent by an Office. It remains the case that, in accordance with Article 14(2)(a) of the Geneva Act (1999) of the Hague Agreement, the designs that are the subject of the international registration are protected if no notification of refusal has been sent within the applicable refusal period.
2. The Intellectual Property Office of the United Kingdom (UK IPO) has informed the International Bureau of the World Intellectual Property Organization (WIPO) of the announcement of August 29, 2024, on the official website of the Government of the United Kingdom[1] concerning the UK IPO’s decision relating to statements of grant of protection under Rule 18bis(1) of the Common Regulations, as summarized below:
-following the successful trial of issuing statements of grant of protection under Rule 18bis(1) since February 2024, the UK IPO has decided to continue issuing these statements; and
-to assist holders of international registrations designating the United Kingdom, the UK IPO has also issued a general statement of grant of protection. This general statement applies to international registrations of designs protection of which had been granted in the United Kingdom before the commencement in February 2024 of the above‑mentioned trial. Holders of the international registrations subject to the general statement can request an individual statement of grant of protection, which will confirm the information already provided in the general statement, by sending an email to the UK IPO directly at: DesignsExamination@ipo.gov.uk.
Information source: https://www.wipo.int/web/hague-system/notices
[1] See the UK IPO publication of August 29, 2024, at: https://www.gov.uk/government/news/ipo-introduces-statements-of-grant-for-international-designs.
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