In an effort to fully carry out the Hague Agreement Concerning the International Registration of Industrial Designs, and to meet up with the immediate demands of global innovators, the National Intellectual Property Administration announced the Interim Provisions for Handling of Relevant Affairs after China's Accession to Hague Agreement on January 4, which will come into effect as of January 11, 2023. 

Find below the details of the newest Provisions: 

Article 1 Beginning on May 5, 2022, a Chinese entity or individual may, in accordance with paragraph 2 of Article 19 of the Patent Law, file an application for the international registration of industrial designs under the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (1999) (hereinafter referred to as the “Hague Agreement”). 

An applicant may directly file an application for international registration of industrial designs with the World Intellectual Property Organization (WIPO), or may also submit an application for international registration of industrial designs in English through the CNIPA.

Where an application for international registration of industrial designs is submitted through the CNIPA, the relevant materials shall be submitted in paper or electronic form consistent with the Hague Agreement and the provisions issued by the CNIPA.

The relevant fees specified in the Hague Agreement shall be paid by applicants directly to the WIPO. 

Article 2 In connection with any application for international registration of industrial designs in which China is designated (hereinafter referred to as an “international application for industrial designs”), the CNIPA shall handle it in accordance with paragraph 3 of Article 19 of the Patent Law, the revised Implementing Regulations for Patent Law and the Guidelines for Patent Examination.

Article 3 International applications for designs shall be handled by the National Intellectual Property Administration in accordance with the Patent Law, the Implementing Regulations for Patent Law, the Guidelines for Patent Examination and the Provisions. 

As of the effective date of the Provisions, the National Intellectual Property Administration shall give a national application number to international applications for designs, initiate the examination, and notify the results of the examination to the World Intellectual Property Organization (WIPO).

If no reason for rejection of an international application for design is found after examination, the National Intellectual Property Administration shall make a decision on granting of patent and notify WIPO. 

If an international application for design is found to be inconsistent with the relevant provisions of the Patent Law and its Implementing Regulations after examination, the National Intellectual Property Administration shall issue a notice of rejection to WIPO. 

Article 4 Where an international application for a design published by WIPO includes a specification containing the main points of the design, it shall be deemed that a brief description has been submitted in accordance with the regulations. 

Article 5 For an international application for design, the applicant shall submit his statement in Chinese when replying, and in case of modification of the application text, he shall use English. 

Article 6 For international applications for designs, the National Intellectual Property Administration shall not charge fees for priority claim. 

Where the applicant claims priority, if he fails to submit a copy of the priority documents when filing an international application for design, he shall submit a copy of the priority documents to the National Intellectual Property Administration within three months from the date of international publication of his application. 

If the applicant recorded in the copy of the priority documents is inconsistent with the applicant who applied later, the applicant shall submit relevant certification documents to the National Intellectual Property Administration within three months from the date of international publication of his application. 

If the applicant fails to submit a copy of the priority documents or relevant supporting documents within the expiration of the time limit, it shall be deemed that he has not claimed priority. Where an international application for a design is deemed to have not claimed priority, the provisions of Article 6 of the Implementing Regulations for Patent Law shall not apply. 

Article 7 Where an applicant for an international application for design replies to a notice of rejection, submits a request for reexamination or handles other patent affairs, it shall comply with the provisions of Paragraph 1 of Article 18 of the Patent Law, except as otherwise provided in the Implementing Regulations for Patent Law. 

Article 8 An applicant for an international design application may, within two months from the date of the international publication of application, file a separate application with the National Intellectual Property Administration. 

If the applicant submits a divisional application according to opinions of examination, he shall do so within two months from the domestic announcement date of the original application at the latest. After the expiration of the above-mentioned time limit, or if the original application has been rejected, or the original application has been deemed to be withdrawn and the rights have not been restored, it is generally not allowed to file a separate application. 

Article 9 Where the applicant considers that the design involved in an international application for design falls under the circumstances listed in Item (2) or Item (3) of Article 24 of the Patent Law, he shall make a declaration when filing an international application for design, and submit relevant certification documents to the National Intellectual Property Administration within two months from the date of international publication of his application, and make the explanation. If no declaration or supporting documents are submitted, the provisions of Article 24 of the Patent Law shall not apply to the application. 

Article 10 Where the applicant pays the fees related to the international application for design, he shall make the payment in full with the national application number or international registration number in accordance with the provisions of WIPO and the National Intellectual Property Administration. The payment standard of separate designation fee for international application of design shall be implemented in accordance with the Announcement of the National Intellectual Property Administration on Matters Related to Annual Fee and Separate Designation Fee of Design Patent. 

Article 11 Where an applicant for an international application for a design or a patentee requests a change of rights, in addition to going through the relevant formalities with WIPO, he shall also submit supporting documents to the National Intellectual Property Administration. If the certification document is in a foreign language, it shall be accompanied by a translation in Chinese. If no certification documents are submitted or the certification documents are unqualified, the National Intellectual Property Administration shall notify WIPO that the change of rights has not taken effect in China. 

Article 12 After the announcement of the authorization of an international application for design, the applicant for an international application for design may request the National Intellectual Property Administration to issue a copy of the Register of International Applications for Patents for Design as proof of protection in China. 

Article 13 In the examination procedure of the request for invalidation of an international application for design, the patentee who has no domicile in the mainland of China may serve the documents by mail, fax, e-mail or announcement. If it is served by announcement, it shall be deemed to have been served within one month from the date of announcement. 

Article 14 If an applicant refuses to accept the relevant decisions made by the National Intellectual Property Administration in accordance with the Provisions, he may file an application for administrative reconsideration, a request for reexamination or an administrative litigation according to law. 

Article 15 An applicant for an international application for designs shall file a request in accordance with the provisions of the Hague Agreement, the Patent Law and its implementing rules, and the Guidelines for  Examination when handling other legal formalities and affairs other than those stipulated in the Provisions. 

Article 16 The Provisions shall come into force as of January 11, 2023. The older version of the Interim Provisions for Handling of Affairs after China's Accession to Hague Agreement (Announcement No.481 of the National Intellectual Property Administration), which came into effect on May 5, 2022, shall be abolished at the same time.