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China Issues Rules to Implement Hague Agreement Concerning the International Registration of Industrial Designs

Mon, 06 Jun 2022
Categories: China Legal Trends

On 22 Apr. 2022, China National Intellectual Property Administration (CNIPA) issued the “Interim Measures of Related Provisions after China’s Accession to the Hague Agreement Concerning the International Registration of Industrial Designs” (关于加入<海牙协定>后相关业务处理暂行办法, hereinafter “the Interim Measures”).

The Interim Measures clarifies that from 5 May 2022, Chinese entities or individuals may, in accordance with the provisions of paragraph two of Article 19 of the Patent Law, and in accordance with the “Hague Agreement Concerning the International Registration of Industrial Designs” (1999 Act), file an application for international registration of the industrial design. An applicant may directly file an application for international registration of industrial design with the International Bureau of WIPO, or submit an application for international registration of the industrial design in English to the International Bureau through CNIPA.

Earlier this year, China deposited its instrument of accession to the “Hague Agreement Concerning the International Registration of Industrial Designs” (1999 Act) with WIPO in February, becoming the 68th Contracting Party to the Agreement. The Agreement came into force in China on 5 May 2022.

The Hague System is a fast-track route to securing international protection of designs in multiple jurisdictions. Under the Hague System, an applicant can register an industrial design in multiple countries by filing a single application with WIPO, without having to file multiple applications for registration at multiple national or regional intellectual property offices. This avoids the complexity with diverse languages and different currencies.

 

 

Cover Photo by ruddy.media on Unsplash

Contributors: CJO Staff Contributors Team

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