Q: What requirements do applicants need to meet for the submission of a Hague application?

An international application which is eligible one of the following conditions may be filed via the Hague System: a) the applicant is a citizen of a Contracting Party, or is a citizen of a member state of an intergovernmental organization that is a Contracting Party; b) the applicant has a domicile or habitual residence in the territory of a Contracting Party; c) the applicant has a real and effective industrial and commercial establishment in the territory of a Contracting Party.

Q: Which ways to file an international application for a design?

The applicant shall file an international design application directly with the International Bureau.

If at least one applicant has a regular residence or business office in China, and chooses China as the applicant contracting party, the applicant may also transfer the international design application documents to the International Bureau via the CNIPA, and please note that the application documents should be written in English.

Where the international design application is transferred via CNIPA, other subsequent documents shall be submitted directly to the International Bureau.

Q: How to file an international design application with the International Bureau?

The international design application may be filed with the International Bureau on the International Bureau's electronic filing platform eHague (the website is https://hague.wipo.int, with detailed operating instructions in the International Bureau's "Guidelines for Hague User "), or it can be filed by a paper mail to the International Bureau (mailing address: World Intellectual Property Organization, 34, chemin des Colombettes, P.O. Box 18, 1211 Geneva 20, Switzerland).

Q: Which requirements are needed for filing an international application via CNIPA?

At least one of the applicants has a habitual residence or business office in China; at least one of the applicants chooses China as a contracting party of the applicant; the international design application documents written in English; the official form stipulated in the Hague Agreement (DM/1 Form); the application documents include pictures or photos of the design; provide Chinese communication information (with the Chinese information form); the application documents shall not contain information that violates the law, social morality or hinders public interests.

The editor reminds: The CNIPA does not accept any intermediate documents in international procedures.

Q: What are included in the formality examination by the International Bureau?

The International Bureau is responsible for examining whether the international design application accords with the prescribed formal requirements (necessary information of the applicant/agent, quality of reproductions, payment of fees, etc.). If the international application does not meet the requirements, the applicant needs to make amendments within 3 months, otherwise, it will be considered abandoned. Except for that the applicant requests immediate disclosure or delayed disclosure, if the international design application is eligible for formal examination by the International Bureau, it will be recorded in the International Register and disclosed in the International Design Bulletin 12 months after the international registration date.

From CNIPA Customer Service Centre

August 25th, 2022