The Interim Measures for the Handling of Related Affairs after Accession to the Hague Agreement
2023-03-14 18:05
Article 1. FromMay 5, 2022, any Chinese entity or individual may, in accordance with theprovisions of Paragraph 2 of Article 19 of the Patent Law, file an applicationfor international registration of industrial designs in accordance with theHague Agreement Concerning the International Registration of Industrial Designs(1999 Act) (hereinafter referred to as the Hague Agreement).
An applicant mayfile an application for international registration of industrial designsdirectly with the International Bureau of WIPO (hereinafter referred to as theWIPO) or, through the CNIPA to transmit an application for internationalregistration of industrial designs filed in English language.
Where anapplication for international registration of industrial designs is transmittedthrough the CNIPA, the relevant materials shall be submitted in paper orelectronic form in accordance with the Hague Agreement and the provisions ofthe CNIPA.
The relevant feesstipulated in the Hague Agreement shall be paid by the applicant to the WIPOdirectly.
Article 2. For anyapplication for international registration of industrial designs (hereinafterreferred to as the international application for designs) designating China,the CNIPA shall handle it in accordance with Paragraph 3 of Article 19 of thePatent Law, the revised Implementing Regulations of the Patent Law and theGuidelines for Patent Examination.
Article 3. Wherean applicant claims priority, he shall submit to the CNIPA a certified copy ofthe priority document within three months from the international publicationdate of his application, if he did not submit a certified copy of the prioritydocument at the time of filing the international application for designs.
Where theapplicant recorded in the certified copy of the priority document is inconsistentwith the applicant of the application filed later, the applicant shall submitthe relevant supporting documents to the CNIPA within three months from theinternational publication date of his application.
Where an applicantclaims priority, he shall pay the priority claim fee to the CNIPA within threemonths from the international publication date of his application, and if theinternational publication date thereof is on or earlier than the enforcementdate of the revised Implementing Regulations of the Patent Law, he shall paythe priority claim fees within three months from the enforcement date of therevised Implementing Regulations of the Patent Law.
If the applicantfails to submit a certified copy of the priority document by the expiration ofthe prescribed date, or fails to submit the relevant supporting documents, orfails to pay or pay in full the priority claim fee, the claim to the right ofpriority shall be deemed not to have been claime
Article 4. Anapplicant for an international application for designs may, within two monthsfrom the international publication date of his application, file with the CNIPAa divisional application, which shall be handled by the CNIPA in accordancewith the relevant provisions of the Patent Law and its implementing regulationsand the Guidelines of Patent Examination.
Article 5. Wherean applicant believes that the design involved in an international applicationfor designs has any of the events listed in item (2) or (3) of the article 24 ofthe Patent Law, he shall make a declaration when the international applicationfor the design is filed, and shall submit the relevant supporting documents tothe CNIPA within two months from the international publication date of theapplication, and shall make an explanation. Where no declaration is made or nosupporting document is submitted, the provisions of article 24 of the PatentLaw shall not apply to the application.
Article 6. Wherean applicant pays the fees related to an international application for designs,he shall pay the fees in full in accordance with the provisions of the WIPO andthe CNIPA. The payment standards and the reduction rules for the individualdesignation fee of international applications for designs is announcedseparately.
Article 7. Wherean applicant of an international application or a patentee thereof requests therecordal of change of rights, he shall, in addition to going through therelevant formalities with the WIPO, submit supporting documents to the CNIPA aswell. Where the supporting documents are in a foreign language, they shall beaccompanied by a Chinese translation of the bibliographic data. Where nosupporting document is submitted or the supporting document is unqualified, theCNIPA shall notify the WIPO that the change of rights has not taken effect inChina.
Article 8. Wherean applicant for an international application for designs deals with legalformalities and affairs other than those stipulated in these measures, he shallsubmit a request in accordance with the provisions of the Hague Agreement, thePatent Law and its implementing regulations, and the Guidelines of Patent Examination.
Article 9. These measures shall enter into force onMay 5, 2022.
