China has decided to join the Hague System for the International Registration of Industrial Designs, to be effective from May 5, 2022. The applicants can seek international protection of their designs by the Hague System in China. Here is a brief introduction:
- Qualification of Applicant:
- (1) a citizen of a contracting country,
- (2) being domiciled in a contracting country, or
- (3) having an industrial or commercial establishment in a contracting country.
- (4) individual and company applicant of Taiwan can file a design application by the Hague System in China. The list of contracting countries can be referred to the following link: https://wipolex.wipo.int/en/treaties/ShowResults?search_what=C&treaty_id=9
- Note for filing：
- (1) Applicant shall designate countries when filing. It is not allowable to designate more countries after filing.
(2) There is no pre-requirement to file a national or regional design application in order to use the Hague System.
(3) Application shall be filed in English, French or Spanish – the official languages of the Hague System.
(4) An international application can include multiple different designs. An application can include up to 100 designs in one international application so long as they fall in the same class of the Locarno Classification.
- Examination:
- (1) WIPO checks the application to ensure that it meets all formal requirements. Once the application complies with formal requirements, WIPO issues a certificate of international registration.
- (2) Once the international registration has been published in the International Designs Bulletin, the IP office of each designated contracting party may perform substantive examination.
4. Duration of protection:
- (1) The initial period of protection under the Hague System is 5 years. The owner can then renew their design twice, which guarantees at least 15 years of protection. Individual contracting party legislation may allow for a longer duration.
(2) The period of protection for a China design is 10 years from the date of filing. In order to comply with the Hague System, when the applicant designates China in an international application, the application will have the period of protection of 15 years and the effective date of design right is from the date of the announcement of the grant of the design right by the CNIPA.
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