Since the publication of our earlier article about China signing onto the Hague Agreement, some of our Hong Kong clients have expressed interest in taking advantage of the Hague international design application system, i.e., filing a Hague international design application with the CNIPA (Chinese National Intellectual Property Administration) as a receiving office (RO). Up until this moment, the World Intellectual Property Organization (WIPO) and the CNIPA[1] have been silent on whether a Hong Kong design applicant without a habitual residence or business office in mainland China would be eligible to file a Hague international design application with the CNIPA as a RO. We recently brought this matter forward to the…
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Amendments to the China Patent Examination Guidelines in 2022 – Part 1: New rules for designs in view of China signing onto the Hague Agreement
This year, China stepped further onto the international scene by signing on as a member of the Hague Agreement. The Hague Agreement is an international registration system allowing applicants to file a single international design application in a single language to obtain protection in over 100 designated member countries. The US has been a member since May 13, 2015. China joined this year. On 5 February 2022[1], the Government of China deposited its instrument of accession to the 1999 Geneva Act of the Hague Agreement, being the 68th contracting party to the 1999 Act and 77th member of the Hague Union. This harmonizes certain aspects of China’s design patent law…
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Foreign companies transferring IP out of China: things to know
Inventions made in China Most foreign companies with R&D sites in China are aware of the fact that inventors having inventions made in China have to obtain permission before they can file patent applications outside of China for these Chinese inventions. It doesn’t matter if the owner of the business is a foreign entity. Patent applications covering inventions “made in China” (on Chinese soil) must first be filed in China or the inventor must obtain permission from the Chinese government to file abroad first. Inventors from China All inventors for inventions made in China (including partially made in China) are entitled to be fairly compensated for their work (Article 76 of the…
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Amendments to the China Patent Examination Guidelines in 2022 – Part 1: New rules for designs in view of China signing onto the Hague Agreement
FOLLOW UP: Amendments to the China Patent Examination Guidelines in 2022 – Part 1: New rules for designs in view of China signing onto the Hague Agreement
