Interim Measures of Related Provisions after China's Accession to the Hague Agreement Concerning the International Registration of Industrial Designs
发布时间:2022-05-07 信息来源:

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

An applicant may directly file an application for international registration of industrial design with the International Bureau of WIPO(hereinafter referred to as"the International Bureau"), or submit an application for international registration of industrial design in English to the International Bureau through CNIPA.

If the application for international registration of industrial design is filed through CNIPA, the relevant documents shall be submitted in paper or electronic form in accordance with the Hague Agreement and the related regulations of CNIPA.

The relevant fees prescribed by the Hague Agreement shall be paid directly by the applicant to the International Bureau.

Article 2 For the application for international registration of industrial design designating China (hereinafter referred to as"international application for design"), CNIPA shall deal with it in accordance with paragraph three of Article 19, the Chinese Patent Law, the revised Implementing Regulations of the Patent Law and the Guidelines for Patent Examination .

Article 3 If an applicant claims the right of priority and fails to submit the copy of the earlier application documents when filing the international application for design, the copy shall be submitted to CNIPA within three months from the date of international publication of the application.

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

If an applicant claims the right of priority,the priority claim fee shall be paid to CNIPA within three months from the date of international publication of the application. If the international publication date is before(or same as) the implementation date of the revised Implementing Regulations of the Patent Law,the priority claim fee shall be paid within three months from the implementation date of the revised Implementing Regulations of the Patent Law.

If the applicant fails to,within the prescribed time limit,submit the copy of the earlier application documents, or fails to submit the relevant certifying documents, or fails to pay or fully pay the priority claim fee, it shall be deemed that the right of priority has not been claimed.

Article 4 An applicant for an international application for design may file a divisional application with CNIPA within two months from the date of the international publication of the application. CNIPA shall deal with it in accordance with the relevant provisions of the Chinese Patent Law, the Implementing Regulations of the Patent Law,and the Guidelines for Patent Examination.

Article 5 If an applicant considers that the design contained in the international application for design falls under the circumstances listed in subparagraph (2) or subparagraph (3) of Article 24 of the Chinese Patent Law, a declaration shall be made when filing the international application for design,and the relevant certifying documents and an explanation shall be submitted to CNIPA within two months from the date of the international publication. If no statement is made or no certifying document is submitted, the provisions of Article 24 of the Chinese Patent Law shall not apply to the application.

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

Article 7 If an applicant or patentee of an international application for design requests a change of the rights, in addition to going through the relevant formalities with the International Bureau, the certifying documents shall also be submitted to CNIPA. If the certifying documents are in a foreign language, it shall also be accompanied by a chinese translation of the abstract. If the certifying documents are not submitted or the certifying documents 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 application for design shall file a request,in accordance with the provisions of the Hague Agreement, the Chinese Patent Law, the Implementing Regulations of the Patent Law, and the Guidelines for Patent Examination,when handling other legal formalities and affairs other than those stipulated in these Measures.

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