Choosing the right filing strategy for your industrial design protection is one of the most important decisions in your intellectual property planning. It impacts not only your costs and timelines but also the scope, enforceability, and long-term value of your design rights.
This guide breaks down the three main filing strategies (national, regional, and international) and helps you assess which one aligns best with your business goals.
What Are National, Regional, and International Filing Options?
National Filings
These are direct applications filed in individual countries (e.g., the United States, China, Brazil). They offer local protection and are ideal for businesses targeting specific single markets.
Regional Systems
Regional systems allow a single application to cover multiple countries in a specific area. Key examples include:
- EUIPO (European Union Intellectual Property Office) – Community Design rights across all EU states
- OAPI (Africa) – Unified protection in 17 member states
- BOIP (Benelux) – Covers Belgium, the Netherlands, and Luxembourg
These systems reduce administrative effort and cost when protection is needed across a geographic bloc.
International Frameworks
The most prominent international system is the Hague Agreement, which allows protection in over 75 countries through one application filed via WIPO.
📌 Want to learn how the Hague Agreement works? Read our full guide: How Does the Hague Agreement Work?
How Do I Choose the Right Strategy?
Choosing between national, regional, and international filing depends on factors like:
- Your current and future markets
- Budget constraints
- Enforcement needs
- Competitor location
- Manufacturing or distribution countries
| Strategy | Best For | Pros | Cons |
|---|
| National | One or two key countries | Simple, cost-effective for small scope | Expensive and complex if filing in many countries |
| Regional | Targeting specific multi-country regions | Unified protection, cost savings | Limited to member countries only |
| International | Broad global reach via Hague Agreement | One filing, multiple countries, scalable | Not all countries are members |
Often, a hybrid strategy works best, combining national filings where needed with regional or international routes for wider protection.
Cost Comparison: National vs Regional vs International
National Filings
- Average cost per country: $1,000–$5,000
- Includes local fees, legal representation, translations
- Separate renewals and admin per jurisdiction
Regional Filings (e.g., EUIPO)
- Community Design in EU: €350 for one design
- Covers all 27 EU countries
- Unified renewal and enforcement systems
International Filings (Hague System)
- Base fee: ~CHF 400
- Designation fees: CHF 50–200 per country
- Total cost depends on number of countries
- Still often cheaper than filing in each country separately
Building a Smart International Design Protection Strategy
Here’s how to approach your global design protection:
Start with these steps:
-
Identify priority markets
Where will you sell or manufacture your product? Start with those.
-
Assess legal risks and enforcement needs
Is design infringement common in those jurisdictions? Will you need strong enforcement mechanisms?
-
Choose the right filing route(s)
- National for specific markets (e.g., China, Brazil)
- Regional where available (e.g., EU, Benelux, OAPI)
- Hague System for broader coverage in member countries
-
File early, before public disclosure
In many countries, prior disclosure can invalidate your rights.
-
Consider renewal and portfolio management
Design rights typically last 15–25 years depending on jurisdiction, but must be renewed.
Pro Tip: Timing matters. You can file under the Hague Agreement within 6 months of your national filing to claim priority, useful for phased expansion without losing protection.
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