China National Intellectual Property Administration Bulletin

No.481

China has deposited the instrument of accession to the Hague Agreement on the International Registration of Industrial Designs (1999 text) (hereinafter referred to as the Hague Agreement) with the WIPO on February 5, 2022. It will come into effect since May 5, 2022 in China. In order to ensure the entry into force and implementation of Hague Agreement, CNIPA has formulated Interim Measures for the Handling of Relevant Businesses after China's Accession to the Hague Agreement, hereby promulgating it, it shall come into force since May 10, 2022. Applicants for international design application mays conduct related business under the provisions of these Measures.

Hereby notify.

CNIPA

April 22th, 2022

Interim Measures for the Handling of Relevant Businesses after China's Accession to the Hague Agreement

Article 1 From May 5, 2022, Chinese entities or individuals may, under the provisions of paragraph 2 of Article 19 of the Patent Law, in accordance with the Hague Agreement on the International Registration of Industrial Designs (1999 text) (hereinafter referred to as the "Hague Agreement"), file an application for the international registration of an industrial design.

Applicants can directly submit an application for international registration of industrial designs to the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau), or can forward an application for international registration of industrial designs in English through the CNIPA.

If an application for international registration of industrial designs is transferred by CNIPA, the relevant materials shall be submitted in paper or electronic form in accordance with the Hague Agreement and the provisions of the CNIPA.

The relevant fees stipulated in the Hague Agreement shall be paid by applicants directly to the International Bureau.

Article 2 For an application for the international registration of an industrial design designating China (hereinafter referred to as an international design application), the CNIPA shall, under Paragraph 3 of Article 19 of the Patent Law, the revised Implementing Rules of the Patent Law and the Guidelines for Patent Examination deal with.

Article 3 Where applicants who claim the right of priority fail to submit the copy of the earlier application documents when filing the international design application, shall submit the copy of the earlier application documents to the CNIPA within three months from the date of the international publication of the application.

If the applicant recorded in the copy of the earlier application documents is inconsistent with the applicant of the later application, the applicant shall submit relevant certification documents to CNIPA within 3 months from the date of the international publication of the application.

Applicants who claim the right of priority, shall pay the priority claim fee to CNIPA within three months from the date of international publication of the application, the priority claim fee shall be paid within three months from the implementation date of the revised Implementing Regulations of the Patent Law.

If applicants fail to submit a copy of the earlier application documents, or fail to submit relevant supporting documents, or fail to pay or pay enough the priority claim fee, it shall be deemed that the right of priority has not been claimed.

Article 4 Applicants of international design applications may file divisional applications, within two months from the date of the international publication of the application, with the CNIPA who deal with in accordance with Patent Law and its implementing rules and relevant regulations of Guidelines for Patent Examination.

Article 5 Where applicants believe that the design involved in the international design application falls under the circumstances listed in Item (2) or Item (3) of Article 24 of the Patent Law, a statement shall be made when filing the international design application, and applicants shall submit the relevant certification documents to CNIPA within two months from the date of the application for international publication with explanation. If no declaration is made or no supporting documents are submitted, the provisions of Article 24 of the Patent Law shall not apply to the application.

Article 6 An applicant who pays the relevant fees for the international design application shall pay in full under the regulations of the International Bureau and the CNIPA. The standards for payment and rules for the reduction of the individual designation fee for international design applications will be announced separately.

Article 7 Where an applicant or a patentee of international design application requests a modification of rights, in addition to going through the relevant formalities with the International Bureau, it shall also submit a supporting document to CNIPA. If the certificate is in a foreign language, it should also be accompanied by a translation of the Chinese title. If the supporting documents are not submitted or are unqualified, CNIPA shall notify the International Bureau that the change of rights does not take effect in China.

Article 8 An applicant for an international design application shall file a request under the provisions of Hague Agreement, the Patent Law and its Implementing Regulations, and the Guidelines for Patent Examination when conducting other legal formalities and affairs other than those stipulated in these Measures.

Article 9 These Measures shall come into force on May 5, 2022.