Industrial Designs Law in China
Here’s a comprehensive overview of Industrial Designs Law in China:
🇨🇳 Industrial Designs Law in China
Industrial design protection in China is governed by:
Patent Law of the People's Republic of China (latest revision effective June 1, 2021)
Administered by the China National Intellectual Property Administration (CNIPA)
China is a member of the Paris Convention, TRIPS Agreement, and the Hague Agreement (joined in 2022 for international design registration)
1. Definition of Industrial Design
In China, an industrial design refers to:
"Any new design of the shape, pattern, or a combination thereof, or the combination of the color with shape or pattern, of a product, which creates an aesthetic feeling and is fit for industrial application."
Key points:
Must be visually perceptible
Must relate to a product (functional objects)
Must have aesthetic value and be suitable for mass production
2. Types of Protectable Designs
Product shape and configuration
Surface patterns
Color in combination with shape/pattern
Graphical user interfaces (GUI) — explicitly protectable since the 2021 revision
3. Registration Process
Designs must be registered with CNIPA to obtain protection.
China has a substantive examination system, but for designs, it only conducts formality review (not novelty check).
Publication occurs after grant.
Multiple design applications for similar designs of the same product are allowed (since 2021).
International designs can be filed through the Hague System, designating China.
4. Duration of Protection
As of 2021, the term is 15 years (previously 10) from the filing date.
China plans to extend this to 15+ years for Hague designs to comply with Hague Agreement requirements.
5. Requirements for Registration
Novelty: The design must not have been disclosed publicly (globally) before the filing date.
Unity: One design per application unless it qualifies under multiple designs of one product type.
Clarity: Visual representations must clearly show the design.
6. Rights Conferred
Exclusive rights to prevent others from making, selling, offering for sale, or importing products incorporating the protected design.
Right to license or assign the design.
Remedies for infringement include:
Injunctions
Compensation (based on loss, profits, or statutory damages)
Customs seizure of infringing goods
7. Enforcement
Enforcement is through civil litigation, administrative actions, and customs.
China allows design patent infringement lawsuits in specialized IP courts.
Customs can detain infringing goods at the border if a design is recorded with China Customs.
8. International Treaties
China is a party to:
Paris Convention
TRIPS Agreement
Hague Agreement for the International Registration of Industrial Designs (joined in 2022)
→ This allows foreign applicants to file international design applications via WIPO, designating China.
9. Grace Period for Disclosure
6-month grace period for disclosures made:
At government-organized exhibitions
At academic or technological conferences
By someone without the applicant’s consent
Summary Table:
| Feature | Details |
|---|---|
| Legal basis | Patent Law of China (2021 revision) |
| Administering authority | CNIPA |
| Duration of protection | 15 years from filing |
| Registration required | ✅ Yes |
| Substantive novelty exam | ❌ Not conducted |
| Multiple designs per filing | ✅ Allowed for similar products (since 2021) |
| GUI and digital designs | ✅ Explicitly protectable |
| International filing (Hague) | ✅ Since May 5, 2022 |
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