China's accession to the Hague System for the International Registration of Industrial Designs is now a reality.
Long awaited, China's accession to the Hague Agreement on the Protection of International Designs finally took place on February 5, 2022, meaning that the 1999 Act will enter into force in that country on May 5, 2022.
China's accession makes the Hague System more attractive to applicants seeking protection in numerous countries. The total number of member states in the system currently stands at 94, including the world's major markets.
Therefore, as of May 5, 2022, it will also be possible to obtain design protection in China through an international application for an industrial design under the Hague System. Applicants from China will find it easier to extend their designs beyond their own territory, and, at the same time, applicants from other countries will be able to more easily extend their designs to the Chinese market, one of the largest in the world in nearly every sector.
This provision does not apply to Hong Kong and Macao, where it will still be necessary to apply for design protection locally.
China's accession adds to the key benefits of the international registration, which are as follows:
- Centralization of the procedure and renewals with the International Bureau of WIPO.
- Payment of a single set of fees, which is usually more cost-effective than filing multiple national applications.
- Ease of managing changes to the account holder's name or address, as well as changes in account ownership.
Author: Pedro Saturio