WIPO announced China’s accession to the Hague Agreement. From 5 May 2022, international design applications in and from China will therefore be quick and easy.

The Hague Agreement has a special charm because, in contrast to other international systems for filing IP rights (such as the Madrid Agreement), it does not require a basic application for the design in a contracting state as a prerequisite for an international design application. Thus, the Hague System allows one to claim protection for a first-time application for a design in any number of contracting states.

China’s interest in the Hague Agreement is not surprising. The announced changes for design protection in China are a clear step towards adapting Chinese design law to international regulations. Briefly present the essential changes that came into force for design protection in China on 1 June 2021, which not only changed regulations on the patent, but also on the design:

The main changes since 1 June 2022 are:

1. A 15-year term (instead of the previous 10 years) for industrial designs

2. Protection of partial designs of products is possible

3. A domestic priority of 6 months is introduced

4. Change of the time limits for filing a priority document: for design applications: 3 months from the first filing date

National examination of a design application

It is important to know: If a design, pattern or model is filed with WIPO via the Hague Agreement, WIPO automatically notifies the design application for a contracting state to that contracting state.

The target country can now confirm or reject the design application according to its national jurisdiction. However, the DPMA (for design applications in Germany) and also the EUIPO (for design applications for the European Union) examine applications for design protection only for formal requirements. However, essential requirements for protectability, such as novelty and individual character, are not examined by the Office and must be contested in nullity proceedings in case of doubts.