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February 1, 2019 Vol. 74 No. 2 Back to Bulletin Main Page

WIPO: International Industrial Design Application No Longer Requires Power of Attorney

The World Intellectual Property Organization (WIPO) has informed users that, as of January 1, 2019, the requirement to submit a power of attorney at the time of filing an application for the international registration of industrial designs shall be removed.

In the past, the Common Regulations under the 1999 Act and the 1960 Act of the Hague Agreement provided that, if an international application is not signed by the applicant, a power of attorney signed by the applicant must be submitted in order to appoint a representative. This had often been challenging for both representatives and applicants, especially when strict deadlines had to be met to safeguard the applicant’s rights.

The amendment to the Common Regulations provides that the naming of the representative in the international application at the time of filing shall automatically constitute an appointment by the applicant of the representative. This is intended to alleviate the burden for representatives and applicants.

If the representative is not named in the international application at the time of filing, it would still be necessary to submit a power of attorney.

WIPO has also informed users that, as of January 1, 2019, users will no longer be able to send communications under the Hague System to WIPO by fax. Instead, a new function will be made available and accessible from the E-Filing Portfolio Manager and Contact Hague Service that will allow users to upload documents in PDF format.

View WIPO’s information notices of November 9, 2018, and November 29, 2018.

Although every effort has been made to verify the accuracy of items in the INTA Bulletin, readers are urged to check independently on matters of specific concern or interest.

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