Changes in China’s design patent registration system

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Changes in China’s design patent registration system

The Hague Agreement goes into force in China on 5 May 2022. This marks the moment China turns into the 77th party of the Hague Union. This achievement demonstrates that China has profoundly partaken in the worldwide intellectual property governance under the WIPO system and China’s design patent registration system is authoritatively going worldwide.

In China respectively and in the entire globe, in general, industrial designs play a significant part in ensuring that protection for designs is robust, competitive, and resilient. 

“Companies that succeed in design grow revenue and shareholder returns at roughly twice the rate of their industry counterparts,” according to a McKinsey survey. 

Furthermore, design rights can be applied to a wide range of advances, practically all of which are visible in society. Therefore, it’s best that there is a strong system built only for the protection of such designs that play a huge role in society. 

China has realized this fact and therefore, it has made all necessary measures to develop design protection domestically and also for foreign businesses. 

The number of design applications in China has been growing at the quickest rate in the globe for more than ten years. The number of design applications from China has surpassed 50% of the global design registration volume each year in recent years, with Chinese domestic enterprises and individuals contributing the majority of the volume. 

China has surpassed the EUIPO as the leading recipient of design registrations by nearly seven times.

What is the purpose of the Hague System?

The Hague System makes international design protection simple by eliminating the need to file distinct design applications in each country.

Some influential Chinese companies with subsidiaries or operations in Hague member states, including Xiaomi and Lenovo, had been using the Hague System to file international design applications even before China joined the system, demonstrating the system’s benefits to China-based multinational enterprises.

Applicants from China can benefit from more time-efficient and cost-effective options to get design protection not only in China but worldwide, as a result of China’s entrance to the Hague System. This is especially true for SMEs that do not have subsidiaries or activities in other countries and plan to use the system to protect their designs in other countries.

It will also benefit foreign applicants: if a design application filed through the Hague system meets the requirements of the China Patent Office (CNIPA), the design application will be valid in China without the need for local agents in China.

Design registration through the Hague system is often more time and cost-effective for designers seeking worldwide protection of a unique design, and with China’s participation in the Hague Agreement, international design applications in and out of China will be quick and easy. However as some countries may have specific requirements on formal and substantive aspects of a design application, it is critical to assess these potential issues prior to filing, in order to choose the right group of designs to use with this international design registration method.

Aside from the perks, applicants should be aware that they may face a significant financial outlay early on because designation costs for all countries of interest must be paid at the time of applying. As a result, applicants should analyze all of the facts in order to develop a comprehensive and sophisticated filing strategy. 

***Other Articles***

– You could see How To Register Trademark in China here.

– You could visit here to see Procedure of Trademark in China.

– You could visit here to check Required documents of filing trademark in China.

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