Industrial design registration in China

More and more businesses and individuals need to register industrial designs in China as the world’s second-largest economy. It has many advantages to develop various types of industrial designs in many fields. China is said to be the world’s factory, producing the majority of mobile phones, computers and other electronic devices, creating a favorable environment for developing and testing new industrial designs in the field. China’s automotive industry is growing rapidly, with an increasing focus on design and innovation. Chinese automakers are investing heavily in developing unique and attractive industrial designs to compete in the global market. China’s fashion industry is thriving, with the emergence of many talented brands and designers. Industrial designs play an important role in creating unique and differentiated fashion products, helping Chinese brands assert their position in the international market. Therefore, Viet An Law – IP Firm in Vietnam would like to provide preliminary guidance to customers through the article below.

Legal basis

• Patent Law of the People’s Republic of China (amended to October 17, 2020)

Definition of Industrial Design in China

In China, an industrial design is defined as:

“Any new design of shapes, patterns, or combinations thereof, or the combination of colors with shapes or patterns, of a product, creates an aesthetic sense and is suitable for industrial application.”

This definition stated in the Chinese Patent Law includes the following key information:

• Aesthetics: Industrial designs focus on the visual appeal and aesthetic aspects of the product.
• Novelty: The design must be new and not the same as any existing design.
• Industrial Application: The design must be suitable for mass production and commercial use.

Conditions for registration of industrial designs in China

• Novelty: The design must be new, which means that it has not been disclosed to the public anywhere in the world before the date of application. This includes using, selling, displaying or publishing to the public.
• Industrial applicability: The design should be able to be mass-produced using an industrial process, i.e. the design should not be limited to handmade products or single production.
• Aesthetics: The design must be attractive and evaluated with the naked eye, which means that it must also be related to the aesthetic appearance of the product, not just its function.

Types of Industrial Designs Can Be Registered in China

• Shape Style: Refers to the overall appearance or configuration of the product, including its three-dimensional shape and lines.
• Pattern design: Refers to two-dimensional decorative designs applied on the surface of a product, such as graphics, lines, or colors.
• Shape and pattern combination: Refers to designs that combine both the shape and pattern of a product.
• Combining colors with shapes or patterns: Refers to designs that combine colors as an important element in conjunction with the shape or pattern of a product.

Industrial Design Search in China

China National Intellectual Property Administration (CNIPA) Online Database

CNIPA is the official government agency responsible for intellectual property protection in China. Their online database allows users to search for registered design patents, including industrial design samples. Customers can access here: https://english.cnipa.gov.cn/

DesignView

It is a global database of industrial designs, including those registered in China. Customers can access here: https://www.tmdn.org/tmdsview-web/welcome

Industrial Design Registration Dossier in China

• Application Form: The application form includes the following information:
  • Name, address, nationality and contact information of the applicant (and representative, if applicable);
  • Title of industrial design;
  • Specifies the products to which the style will be applied (Product Type).
  • International Classification Code for Industrial Designs (Locarno Classification).
• Representative image of the style:
  • Drawings, photographs, or other graphic images of the design.
  • These images need to clearly represent all angles of the style (front, back, side, top, bottom, perspective, etc.).
  • A maximum of 7 images can be submitted.
• Priority documentation (if applicable): If a priority claim is from a previous application filed in another country, the applicant will need to submit a certified copy of the previous application.
• Power of attorney (if applicable): If the applicant files through a representative (e.g., attorney or intellectual property representative), the applicant will need to provide a power of attorney that allows them to act on behalf of the applicant.
• Other documents, if any:
  • Copyright claim (if the applicant is not the creator of the design).
  • The transfer document (if the rights to the design have been transferred).

Some fees for registering industrial designs in China

Registration of industrial designs in China under the Hague Convention

What is the Hague Agreement on the registration of industrial designs?

The Hague Agreement on the Registration of Industrial Designs (referred to as the Hague Agreement) is an international treaty administered by the World Intellectual Property Organization (WIPO). This agreement provides an international registration system for industrial designs that makes it easy for individual designers and businesses to protect their designs on a global scale.

Benefits of registering industrial design protection through the Hague Agreement

• Simple: Instead of having to file an individual application in each country, the applicant only needs to file a single application in one language (English, French or Spanish) and pay in one currency (Swiss franc) to apply for protection in multiple member states.
• Savings: Significantly reduces costs compared to filing individual applications in each country.
• Centralized Management: Easily manage the applicant’s portfolio of registered industrial designs through a single system.
• Flexibility: The applicant can choose the countries in which you want to protect your industrial design.

Dossier of registration for protection of industrial designs under the Hague Agreement

A dossier for registration of an industrial design under the Hague Agreement includes the following documents:

• International Registration Declaration:
  • The applicant completes the application according to WIPO’s prescribed form in one of three languages: English, French or Spanish.
  • In the application, it is necessary to clearly specify the application for protection under the 1999 Document or the 1960 Document of the Hague Agreement.
  • List the countries in which the applicant wishes to protect his industrial design.
• Images or drawings of the industrial design: the image needs to clearly and fully show the perspectives of the industrial design that the applicant wants to register. The applicant also needs to pay attention to ensuring the quality of good and clear images or drawings.
• Documentation of payment of fees: The applicant notes that the international registration fee should be paid in accordance with WIPO regulations.

Industrial design registration services by Viet An Law – IP Firm in Vietnam

• Perform the search and notify customers in writing of the results of industrial design search in China;
• Drafting dossiers and directly filing and monitoring the status of industrial design applications filed on behalf of industrial design owners in China;
• Notifying, advising and handling deficiencies/rejections of competent State agencies (if any) in the process of monitoring industrial design applications in China;
• Assist in monitoring and representing the settlement of objections and feedback to intellectual property representatives carrying out procedures in China.
• Receive official dispatches, certificates and hand over to customers (if any).

If you want to apply for industrial design registration in China, please contact Viet An Law Firm for the most effective support.