Overview of the design system in China (latest information in 2025)

Definition of design and objects of protection

In China, there is no independent law regarding designs, and they are regulated by the same "Patent Law (China Patent Law)" as invention patents and utility models. The definition of a design as provided in Article 2, Paragraph 4 of the Patent Law is a new design that concerns the shape, pattern, color, or combination of these of the entire product, or a part of the product, that is aesthetically appealing and suitable for industrial use. According to this definition, since the law was revised in 2021, partial designs (designs of a part of a product) are now included in the scope of protection.

What is protected by design is the external design of a specific product. The term "product" here refers to an industrial product that can be mass-produced, and we focus on its appearance (three-dimensional shape, two-dimensional pattern, color combination, etc.). Typical examples include home appliances, furniture, clothing, packaging containers, etc., and the appearance of buildings is generally not considered to be a "product". Additionally, in China, graphical user interfaces (GUI) can also be protected as designs that are incorporated into products as patterns displayed on the screen of a display device (the 2014 revision of examination standards lifted the ban on designs that include GUIs). However, a standalone GUI (an abstract screen design that does not depend on a product) is still not protected, and must be filed as being displayed on "a part of a product."

What is not protected has also been clarified. Article 25, Item 6 of the Patent Law stipulates that design rights are not granted to "patterns and colors (or combinations thereof) drawn on printed matter that primarily serve the function of signs (displays)." For example, two-dimensional patterns used purely as identification marks, such as product labels, logos, and wrapping paper designs, cannot be registered as designs (however, patterns on wallpaper and textiles are excluded). This provision indicates that trademarks and emblems themselves should be protected under the trademark system, not as designs. Additionally, although it is not explicitly stated in the law, it is understood that a purely functional shape that lacks aesthetics does not qualify as a design because it does not ``cause a sense of beauty through the sense of sight.'' Designs that violate public order and morals, or designs that use portraits or copyrighted works of others without permission, may not be recognized as infringing on the rights of others or violating social ethics.

Registration requirements (novelty, originality, etc.)

In order to obtain a design registration in China, it is necessary to meet the requirements stipulated in Article 23 of the Patent Law. The main requirements are:

• Novelty (absolute novelty): It is stipulated that the design to be applied for must "not belong to any conventional design (existing design)." The term "prior design" here refers to a design that was publicly known both domestically and internationally before the filing date. Therefore, if the same or similar design is published or becomes publicly known anywhere in the world before the application is filed, it loses novelty. In addition, if a third party other than the applicant has previously filed an application for the same design with the China National Intellectual Property Administration (CNIPA), and the earlier application is published after the filing date of the applicant, the application will be considered to be non-novel. In this regard, there are no exceptions like in Japan (measures that allow the same applicant to apply later), and in China, priority is given to whoever files first. In other words, thefirst-to-file principle is strictly applied, and subsequent applications for the same design will be rejected.

• Originality (difficulty in creation, clear difference): The applied design is required to have a "clear difference" compared to an existing design or a combination of features of multiple designs. Simply put, a design cannot be registered if it is extremely similar to an existing design with only slight differences; it must have certain creative features and be clearly distinguishable. The concept is similar to the ``difficulty of creation'' in Japan's design law, but in China, the term ``obvious distinction'' is used, and although the hurdles are not high, the idea is that dead copies or simple combinations of common designs are not permitted.

• Conflict of prior rights: It is also a requirement that the applied design does notconflict with legal rights acquired by others before the filing date. For example, if a design incorporates another person's registered trademark or copyrighted material (characters, etc.) without modification, the design cannot be registered, even if it is new, because there is a risk of infringing on the prior rights of another person. In actual examination, not only patents and designs from earlier applications, but also earlier registered trademarks and diversion of designs from famous works of art can be grounds for invalidation.

In addition to the above main requirements, the design must be industrially usable (capable of being mass-produced as a product) by definition. Additionally, as a footnote to Article 23 of the Patent Law, it is stated that an "existing design" refers to a design that was publicly known at home and abroad before the filing date. This includesoral public notice, so not only designs published on the Internet or at exhibitions, but also designs that are marketed or exhibited as products or published in catalogs fall under existing designs. There are also exceptions to the loss of novelty (grace period), such as when an application is first exhibited at a government-sponsored or accredited international exhibition, presented at an academic conference, or illegally leaked to the public by a third party, so long as the application is filed within six months from the publication date, the invention is deemed not to have lost the novelty. This is an exception provision derived from the Paris Convention, and its purpose is almost the same as that of Japan's Design Law. However, in China, it is rare to present a design at an academic conference, so in practice it is a golden rule not to make it public before the application is submitted.

1. Preparation for application: First, determine the product and design to be protected, and prepare the necessary drawings and photographs. The language is Chinese, so if a Japanese company applies directly, it will need Chinese translation and coordination with an agent (Chinese patent agent). In addition, in China, designs are classified according to the Locarno Classification, so check the applicable classification (product usage category) and decide on an appropriate generic name for the product name. If it is a partial design, a name that combines the name of the part and the name of the entire product is required (e.g. "Handle (part) of cup (entire product)").

2. Submission of required documents: The following documents are required for Chinese design application.

   • Application (invoice): A document that describes the applicant, design name, designer name, etc. In the "Design Name" column of the application form, enter the name of the product (in the case of a partial design, the name of the entire product + the name of the part).

   • Drawings or photographs: Image materials that clearly represent the design for which protection is sought. The shape, pattern, etc. of the product are fully shown in hexagonal drawings (orthogonal projection drawings in six directions), three-dimensional drawings, etc. You can also submit photos, but they must be clear with no background and the shape of the product must be consistent in all images.

   • Brief Explanation: A document that provides supplementary explanation of the content of the design and is required at the time of filing. The brief description should include (1) the name of the designed product, (2) the purpose of the product, (3) the main points of the design (creative features), and (4) the image that most expresses the characteristics (representative image). These are important matters that may affect the interpretation of rights as described below, so please describe them accurately and carefully.

   • Power of attorney: If the applicant is a foreign company or resident, a power of attorney is required to request a Chinese agent (this may be omitted if filing electronically).

   • Priority document: If you are claiming priority, please submit a copy of the document from the first application (priority certificate). This must be submitted within 3 months of filing.

   For drawings/photos, China's partial design system allows the display of non-claimed parts using broken lines (dotted lines). When filing an application for a partial design, also attach a drawing of the entire product and clearly indicate the scope of protection (part) using broken lines and solid lines. For example, if you want to design a part of a car's taillights, the overall view of the car would be shown with solid lines and broken lines, and the parts (taillights) would be drawn with solid lines. In addition, it is necessary to clearly show the location and size of the parts in the overall diagram so that the positional relationship of the parts can be understood. If a part is to be identified by a method other than that shown in the diagram (for example, by a difference in color, etc.), this should be explained in a brief description.

3. Application method: Once you have submitted your application documents to CNIPA (usually online application), the application date will be fixed. Since China has a first-to-file system, this filing date is very important. Approximately 1 to 2 months after filing your application, you will receive a notification of acceptance (with an application number assigned) after formality examination. If there are any deficiencies in the documents, you will receive a correction order, and we will correct it within the specified period. Please note that the application language is Chineseand applications will not be accepted in English or Japanese. All notes on the drawings must also be deleted or translated into Chinese. There are also rules on how to write an application, for example, the product name and usage stated in the brief description must match the name field in the application.

4. Claim priority: Since China is a member of the Paris Convention, you can claim Paris priority within six months after the first design application. For example, if you file a design in China within six months of filing a design in Japan, it will be treated as a priority right rather than an exception to the loss of novelty. To claim priority, declare it in writing at the time of filing and submit a notarized copy of the earlier application within three months. In addition, The 2021 amendment now recognizes home country priority rights for designs in China. This is a system that allows you to claim priority based on the earlier application if you file a new application for the same or similar design in China within 6 months of the earlier design application in China. This is useful when re-filing a previously filed design with slight modifications, but in this case, it is assumed that the earlier application will be abandoned (not acquired). Using domestic priority, it is possible to use a strategy such as, for example, filing a simple application to secure rights as soon as possible, and then claiming priority for the fully detailed application.

5. Examination and Registration: Once the application is accepted, a formality examination (initial examination) will be conducted by CNIPA. If there is no reason for refusal, the design will be granted registration without going through substantive examination, and the registration fee will be paid and the registration will be published and the design right will take effect. The formal examination will be explained in detail in the next section. If everything goes smoothly, your application will beregisteredabout 3 to 6 months after application. There is no early publication system for design gazettes like in Japan, and designs that are pending are not published, but are published for the first time upon registration. Once the registration fee is paid, a design certificate (registration certificate) will be issued and rights will be granted.

6. Amendment/Division: Voluntary amendments are possible after filing but before registration. In China, applicants are allowed to voluntarily amend drawings and brief descriptions of design applications within two months from the filing date. In addition, if a violation of unity is pointed out during the formalities examination, for example, ``this application contains multiple dissimilar designs,'' it is possible to refile the application separately by filing a divisional application (the filing date of the divisional application is retroactive to the original filing date). As stipulated in Article 31, Paragraph 2 of the Patent Law, in China, one design application is generally one design, but as an exception, two or more similar designs belonging to the same product or two or more designs belonging to a set product can be filed as one application all at once. Similar designs refer to a group of designs for the same product that share a common design concept and have similar variations in shape, pattern, etc. A set product refers to multiple items that are customarily used and sold together (e.g., the cup and pot of a tea set) and have a uniform design. Similar designs and set designs can be applied for up to 10 designs at once (in practice, up to 10 drawings are the upper limit for one application). If you exceed the standards or include unrelated designs, you will be asked to divide your application during examination. Divisional applications can keep their original filing date, but will be given a new application number.

7. Application language and translation: Again, all submitted documents must be in Chinese. Applications written in Japanese or English will not be accepted. You may also be asked to submit a Chinese translation of the priority document if necessary. Each section of the application form should also be written in Chinese. For example, the applicant's name and address should be written in Chinese (in principle, alphabets are not allowed, but with some exceptions, written in kanji or katakana transcription). If the drawing contains text, delete it or replace it with Chinese. These translation and spelling errors can be grounds for rejection, so we will handle them carefully when filing applications in China, such as having them checked by a local agent.

The above is the process from Chinese design application to registration. In early cases, you can obtain a registration certificate within a few months after filingAlthough it is speedy, it is also more sensitive to incomplete application documents. In particular, care must be taken to ensure that formal requirements are met, such as consistency of drawings/photos with simple descriptions and how to display partial designs. If you prepare properly, you will be able to obtain rights smoothly, just like applying for a design in Japan.

Examination system (presence of formal examination and substantive examination, examination period, etc.)

Design examination in Japan focuses on "formal examination," and substantive examination is basically not conducted. Article 40 of the Patent Law stipulates that ``registration will be granted if a design application passes a preliminary examination (formality examination) and there are no reasons for refusal,'' and substantive examinations like invention patents are not imposed. This means that examiners do not examine prior designs from all over the world to determine novelty and originality, as they do in Japan. Therefore, it is characterized byquick registration, but on the other hand, it operates close toan unexamined registration system.

The items to be checked in the formality examination (introductory examination) are stipulated as follows in Article 50, Item 3 of the Implementing Regulations of the Patent Law.

• Confirmation of format requirements: We will examine whether the submitted documents meet the specified requirements, such as the contents of the application, the consistency of drawings, the presence or absence of a brief explanation, and the format of the description. For example, whether the design name is appropriate, whether the necessary information (purpose, key points, etc.) is included in the brief description, and whether there are any deficiencies in the drawings (missing views or inconsistencies). If there are any deficiencies here, a correction order will be issued, and if it cannot be corrected, the application will be rejected or rejected.

• Whether it falls under any of the grounds for non-registration: We will examine whether it falls under any of the items of Article 25 of the Patent Law mentioned above. Specifically, whether the applied design falls under the category of ``a pattern of printed matter that primarily functions as a sign,'' or whether it violates public order and morals or is illegal. If applicable, it will be rejected at that point.

• Is the design clearly lacking in novelty or originality? Examiners usually do not search for the design, but they will reject it if they can determine that it is clearly the same or confusing when compared with known designs to the best of their knowledge. For example, if the design is just a well-known shape without any clear features, or if it looks exactly like someone else's design that was recently published, this could be a reason for refusal if it catches the examiner's attention.ただし審査官が個別に先行意匠調査を行うことはなく、あくまで顕著なケースのみを対象にしています。 There is no thorough substantive examination like in Japan, so there is a possibility that your application will be rejected even if it is somewhat similar.

• Confirmation of unity requirement: If multiple designs are included in one application, it will be examined whether they fall within the scope of the above-mentioned similar designs or set designs. If the requirements are not met (for example, designs for completely unrelated products are listed in one application), the applicant will receive a notice requesting division.

To summarize the above, the reality is that formal examination mainly looks only at the document format and obvious defects, and does not investigate novelty or creativity in depth unless there is an "obvious lack" of it. Therefore, the period from application to registration is extremely short, approximately 3 to 6 months. If there are no problems in the examination, pursuant to Article 40 of the Patent Law, the procedure will be Registration decision → Registration fee payment → Registration announcement, and rights will accrue on the date of announcement. It is important to note that there is no system in which design gazettes are published within a certain period of time from the date of application, as is the case with Japanese design gazettes, and the contents are only made public at the same time asthe publication (right acquisition).

Please note that China does not have an opposition system (publication opposition) from application publication to registration. Publication itself is simultaneous with registration, so there is no opportunity for third parties to raise objections before rights are established. Instead, registered designs with defects can be subsequently requested to be canceled through the invalidation trial (request for declaration of invalidity) system described below.

Remedies in the case of refusal: If the reasons for refusal are notified in the formality examination, the applicant can respond by submitting written opinions or making amendments. If you still receive a decision of refusal, you can request an appeal against the decision of refusal (reexamination). This is the responsibility of the Patent Reexamination and Invalidation Board (formerly known as the Patent Reexamination Board) within CNIPA, which decides whether to maintain or overturn the refusal through written and oral hearings. If you are still dissatisfied with the retrial decision, you can file an administrative lawsuit with the Beijing Intellectual Property Court (Intellectual Property Court) for judicial review. However, in the case of designs, there are only a limited number of points that can be disputed on the merits, so there are currently very few cases that reach a decision of refusal.

Specific systems related to examination: In China, there is no system for requesting examination: Examination starts automatically upon filing), and there is no special accelerated examination system. However, there is a unique system called ``Request for delayed examination (temporary postponement of examination).'' This is a system that intentionally delays the examination and registration of a design by filing a request at the same time as the application. Introduced in 2019, the format was initially to select the delay period from 1 year, 2 years, or 3 years, but it has been made more flexible in the 2023 Revised Examination Guidelines, and it is now possible to specify up to 36 months on a monthly basis, and it is also possible to withdraw the delay request midway through and restart the examination. Using this system, it is possible, for example, to adjust the publication and enforcement of design rights to coincide with the launch of a product on the market. The contents of Chinese designs are made public as soon as they are registered, so if you do not want to release a design that has not yet been released too early, there is an advantage in that you can postpone making it publicly known for up to 3 years. In practice, it is recommended to ``designate a longer delay (36 months) for now, and then withdraw the application depending on the situation and issue it earlier.''

As mentioned above, design examination in China is characterized by being quick and simple. Since the examiner does not make a substantive judgment, it is easier to obtain the right, but it can also be said that it is a right that has not been scrutinized as it is. This point becomes important at the stage of exercising rights, which will be discussed later. Applicants should keep in mind the following points: ``Check the novelty yourself,'' ``Accurately meet the formal requirements for drawings, etc.,'' ``Utilize the delay system to strategically control the publication timing.''

Content and effect of rights after registration (right period, renewal, exercise of rights)

A design right arises when a registration announcement is made. Design rights become effective from the date of publication of registration (same as the date of registration, such as for invention patents). Rights holders are given exclusive rights, and unauthorized use by others can be excluded. The content, period, and exercise of rights will be explained in order below.

• Duration and annuity: The duration of Chinese design rights is 15 years from the filing date. This is an amendment to the Patent Law that came into effect on June 1, 2021, extending the period from the previous 10 years. Therefore, designs filed after June 2021 will receive 15 years of protection (applications filed before then will receive 10 years of protection under the old law). The period calculation starts from the filing date and expires on the day before the filing date. There is no renewal system (extension system) for design rights in China, and rights expire after a maximum of 15 years. However, you will need to pay a pension (annual maintenance fee), and you will have to pay an annual fee to maintain your rights every year. The first year is included in the registration fee, but from the second year onwards, if you do not pay the pension by the deadline, your rights will expire midway. The extinguishment of pension rights due to non-payment of pension will also be announced publicly. Unlike Japan, there is a pension grace period, but there is no extension registration system, so the pension will always expire after the maximum period.

• Scope and content of rights: The scope of protection of Chinese design rights is determined by the design of the product as shown in the drawings or photographs published at the time of registration. Although a brief explanation can be used as a reference for interpretation, elements not shown in drawings etc. cannot be included in the scope of rights. Therefore, it is the same as Japan in thatdrawings are everything. It is understood that the scope of rights includes designs that are the same as or similar to the registered design (although there is no such phrase in the law as ``similar designs'', it is usually determined that there is an infringement if the designs are similar enough to the consumer's visual perception that the two designs are not different). Design rights are rights related to goods, and are protected as designs related to products specified at the time of application. For this reason, if the same design is applied to products with completely different uses and fields, whether it immediately becomes an infringement depends on the case. In general, it becomes a problem when it is used in the same or similar products, but unlike Japan, China does not have detailed regulations regarding the "similar scope" and the decision is left to the courts.

  According to Article 11, Paragraph 2 of the Patent Law, Once a design right has been granted, the design (or products belonging to it) may not be used for commercial purposes without the permission of the right holder. Specificprohibited acts include ``manufacture (creation)'', ``offer for sale'', ``sale'', and ``import'' of products using registered designs. Doing any of these things without permission is a violation of design rights. Japanese law also enumerates acts of "use," but in China, the focus is mainly on sales, etc., and personal use is not considered an infringement unless it is for commercial purposes in the first place (commercial use is understood to include manufacturing and sales). In short, You must not try to make a profit by making, selling, or importing someone else's registered design products without permission. This includes, for example, the act of manufacturing counterfeit products outside of China and importing and selling them in China, and conversely, the act of making counterfeit products in China and exporting them overseas can also be prohibited if there is a Chinese design right. In the latter case, the Chinese design right holder can apply to customs to have the exported product detained (see below).

• Implementation and utilization by right holders: Of course, right holders are free to implement (manufacture and sell, etc.) the registered designs themselves. It is also possible to grant a license to a third party, usually by signing a license agreement and granting the license. In China, licensing and assignment of patents (including designs) requires the creation of a written contract and registration with the Patent Office, and registration is a requirement for protection against third parties. Therefore, it is advisable to register the license with CNIPA after concluding the license agreement. It is also possible to assign design rights (transfer of rights), and notification to CNIPA is also required in this case. In recent years, China has been introducing an open license system for designs (a system in which a patent holder publicly discloses licensing terms and licenses to those who wish to do so). If a design right holder wishes, there is also the option of publicly announcing their design under an open license and receiving a license fee.

• Right enforcement and evaluation report: As mentioned above, Chinese designs are registered without substantive examination, so their validity (whether they satisfy novelty, etc.) is not guaranteed. Therefore, in China, a ``Design Right Evaluation Report'' system was introduced in the 2008 legal reform. At the request of a right holder or interested party, CNIPA conducts a preliminary design search for the registered design and issues a report evaluating whether the design is novel or original. It is recommended that you obtain this evaluation report when exercising your rights (lawsuit or administrative prosecution). In fact, in court cases and administrative enforcement cases, it is said that ``the owner of a design right should submit an evaluation report,'' and the other party can also request this report and submit evidence to the court in parallel with the request for invalidation. Although the evaluation report is not legally binding, for example, if the evaluation is that ``this design has been published and is not novel,'' the court will give importance to that. On the other hand, if there is a report stating that the rights are deemed to be valid, the exercise of rights will be approved. In this way, evaluation reports are a system unique to Chinese designs, and they also exist in utility models (because both are registered without examination). If the right holder is not confident, it would be a good idea to obtain one before exercising.

• Scope of exercising design rights: The right holder can not only commercialize the design exclusively by himself/herself, but also seek an injunction or compensation for damages against counterfeit products by others. Detailed responses to infringement will be explained in the "Response to Design Infringement" section below, but the important point to keep in mind here is that determinations of infringement of design rights in China are made based on an ``overall visual evaluation.'' As in Japan, the scope of "same/similar" in a design is determined not by strict dimensional comparison, but by whether the two designs are similar from the consumer's perspective. Furthermore, although the scope of the right is the design itself as it appears in the registered drawing, a brief description may also be considered as an aid to interpretation. For example, if the brief description states, ``The key point of the design is in the shape of 〇〇, the court will focus on that part when making comparisons. On the other hand, features not mentioned may not be included in the scope of rights. For this reason, you need to be careful asthe scope of rights may be narrowed or broadened depending on how you write the brief explanation.

The above is an overview of the content and effect of design rights. Now protected for a sufficient period of15 years, long-term monopoly on the design is now possible in China. Also, because it is registered without examination, it is easier to take the strategy of "let's put it out there for now." However, the validity can always be overturned later, so even after acquiring the rights, it is important to keep an eye out for information on competing designs and prior designs in the market and prepare for the risk of invalidity as necessary.

Invalidation trial/opposition system

As mentioned above, since designs in China are only made public at the time of registration, there is no pre-registration opposition system like in Japan. If a third party is dissatisfied with or has doubts about the design registration, they will take steps to request invalidation after registration. This invalidation procedure is usually called a ``request for declaration of invalidation'' and is equivalent to an invalidation trial in Japan.

Summary of request for declaration of invalidity:

• Person and period: Anyone (whether a corporation or an individual) may seek invalidation of the design right at any time during the term of the design right on the grounds that it does not comply with the requirements of the law. Article 45 of the Patent Law provides that ``After a patent right (including a design right) has been granted, any unit or individual who believes that the grant is inconsistent with the provisions of this law may request the Patent Reexamination Board to declare it invalid.'' Therefore, a claim can be made regardless of the period that has elapsed sincethe filing date or the registration date, and there are no limitations such as statutes of limitations.

• Hearing body: The Patent Reexamination and Invalidation Division (formerly known as the Patent Reexamination Board) within CNIPA is in charge of examining invalidation declarations. Here, a panel consisting of three or more examiners is assembled, and based on the claims and evidence of both the claimant and the right holder, a decision is made as to whetherthe rights should be maintained or invalidated entirely (in some cases, partially invalidated). In the case of a design, since there is only one claim, the decision is usually whether the entire claim is invalidated or maintained. Partial invalidation may mean, for example, invalidating only a specific drawing when multiple similar designs are included in one application, but it is not clear in the system (in practice, the right holder may abandon some similar designs during invalidation proceedings to partially survive the patent).

• Reasons for invalidation: There are many reasons for invalidation requests, such as violation of registration requirements and reasons for non-registration. Specifically, typical cases include ``the design lacks novelty and originality contrary to Article 23 of the Patent Law,'' ``it falls under Article 25 (e.g., it is a sign pattern),'' ``it does not fall under the definition of Article 2 (for example, it is not a product),'' and ``it violates the first-to-file principle (the same design was applied for and published before the patentee).'' In addition, if there are inconsistencies in the drawings and the design is not clear, this can also be considered a ground for invalidation in light of the implementation regulations. In addition, conflict with the prior acquisition rights of others (Article 23, Paragraph 3 of the Patent Law) can also be claimed as a ground for invalidation. For example, if a registered design closely resembles another person's registered trademark, there is a case law in which the design is invalidated because it "conflicts with the other person's legal rights." The claimant must submit evidence (documents, product photos, prior registration certificate, etc.) to support the reasons for invalidation.

• Procedure progress: Once the claim is accepted, the right holder will be notified and given an opportunity to submit a written response (written opinion) within the specified period. Thereafter, an oral hearing will be held as necessary, and a panel will examine the case and make a decision to declare it invalid (in whole/part) or to maintain rights. The trial period varies depending on the case, but is generally around 6 months to 1 year. In the case of a design, amendments by the right holder are not allowed (In the case of inventions and utility models, claims can be reduced, etc., but for designs, there is no system for modifying drawings after the fact, and amendments to overturn the reasons for invalidity are not allowed). Therefore, once it is determined that there is a defect, it is out.

• Decision and its effect: A party (claimant or right holder) who is dissatisfied with the trial decision (decision) for a request for invalidation can file an appeal lawsuit with the Beijing Intellectual Property Court within 30 days (current law stipulates 3 months, but there are documents stating 30 days in practice, so please confirm). The court will conduct a factual hearing and examine the validity of the trial decision. Ultimately, if the court upholds the trial decision, the rights become invalid, and if the court cancels them, the rights return to validity. If a design right is finally and definitively invalidated, that right will be deemed to have never existed from the beginning (retroactive invalidation). Although there may be an obligation to return damages and royalties that have already been paid, there are some exceptions, such as when a final judgment has been fulfilled.

In this way, the only way for a third party to object to a Chinese design right is to request a declaration of invalidity. There are no objections. Therefore,if an important competitor's design is registered, the main countermeasure is to use an invalidation trial to destroy it. The hurdle for an invalidation trial is that it is necessary to collect a certain amount of evidence, but there are many cases in which a design registered without a check has a prior design, so if you can present a strong prior design, there is a high chance of invalidation. In fact, in China, it is not uncommon for the rights of the other party to be invalidated after registration, and especially in disputes between multinational companies, the holder of a design right may request an invalidation trial on his own to confirm (check) the validity of the right before a lawsuit is filed. Also, when your company exercises its rights, you need to develop a strategy based on the premise that the other party will file an invalidation trial.

In summary, China's design system can be said to be a system in which "a third party checks after registration". Invalidation trials are an important means of cleaning up rights after rights have been granted.It is important for a company's intellectual property department to keep an eye on suspiciously competing design rights and promptly take invalidation procedures if necessary. On the other hand, if there is a risk that your company's rights will be invalidated, you may consider taking measures such as obtaining an evaluation report to confirm the validity before filing a lawsuit, or filing a separate application for related improved designs if you are unable to amend the claims (diagrams).

Response to design infringement (civil, administrative, criminal response)

If you manufacture or sell a product that infringes on another company's design rights in China, or if your own design rights are infringed upon, what legal measures can you take? There are three main routes for dealing with intellectual property infringement in China: the civil route (trial), the administrative route (administrative investigation), and the criminal route (police investigation). Below, we will provide an overview of each in the context of design infringement cases.

Relief through civil litigation (judgment)

The most reliable remedy for design right infringement is Civil litigation (suit for injunction and compensation for infringement). The right holder (plaintiff) files a lawsuit against the infringer (defendant) in people's court (court). In China, intermediate people's courts have jurisdiction over intellectual property cases in view of their technical expertise, and specialized intellectual property courts (IP courts) have also been established in major cities. For example, there are independent IP courts in Beijing, Shanghai, and Guangzhou, and in other provinces, IP courts have been set up in intermediate courts to handle IP matters professionally.

The main remedies that a right holder can claim in a civil lawsuit are "Injunction," "Compensation for damages," and "Disposal of infringing goods, etc.". An injunction is a court order to stop the defendant's infringing activities such as manufacturing and sales, and is achieved through a judgment or provisional disposition (described below). Compensation for damages is compensation in money for the damage suffered by the right holder (or the infringer's unjust profits) due to the infringement. China's new patent law has made major changes to the calculation of damages and the burden of proof.

Firstly, punitive damages were introduced for malicious serious infringements. This is a system that allows the amount of compensation to be increased by 1 to 5 times the certified damage amount in intentional and unfavorable circumstances. Even in the case of infringement of design rights, punitive damages may be imposed if, for example, the rights holder ignores a warning and continues mass sales. However, 5x compensation is only granted in extremely serious cases.

Next, the upper limit for statutory damages has been increased forcases in which it is difficult to provethe amount of damages. Previously, the limit was up to RMB 1 million yuan (approximately 16 million yen), but under the new law, discretionary damages can now be awarded up to 5 million yuan (approximately 80 million yen). In practice, it is difficult to accurately prove sales and profits in patent and design litigation in China, so courts often decide on a lump sum to some extent based on the legal amount. The increase in the cap has made it easier to obtain larger compensation judgments than before.

Furthermore, the burden of proof is being eased. Specifically, if the materials necessary for the right holder to calculate the amount of damages (for example, the defendant's sales ledger) are unevenly distributed on the defendant's side, the court can order the defendant to submit the ledger, and if the defendant fails to submit the ledger without justifiable reason or submits a false ledger, the court can use the amount claimed by the right holder to estimate the amount of damages. This provision prevents infringers from concealing sales amounts and aiming for reductions.

Civil litigation usually follows a two-instance system of first and second instance. If you are dissatisfied with the judgment of the intermediate court, you can appeal to the higher court (High Court). The trial period is approximately one year in the first instance, and approximately six months to one year in the appellate court, but it depends on the complexity. In terms of costs, it is cheaper than in the United States, but there are attorney fees and evidence gathering costs. According to estimates by the Ote Law Offices, the trial court alone can cost 150,000 to 300,000 USD (approximately 20,000 to 40 million yen). However, if you win, you will receive appropriate compensation and the legal force to stop the infringement is strong, so civil litigation is the most effective method for serious infringements.

When filing a civil lawsuit, the right holder may also apply for a pre-litigation injunction (provisional disposition) or a pre-litigation preservation of evidence, if necessary. China's Civil Procedure Law and Patent Law have a mechanism in which if the right holder shows urgent circumstances, the court can issue a temporary injunction (for example, ordering a prohibition on listing if it is likely to be sold at a sale), or preservation of evidence (such as seizure of evidence) if there is a risk that evidence will be destroyed. However, these have high hurdles and require deposition of security (in order to apply for an injunction, it may be necessary to post a security deposit of several hundred thousand to one million RMB as security for the defendant's damages). In practice, this is used to seize deposits when the other party is a foreign company and there is a risk of fleeing.

Finally, as a special matter in design infringement lawsuits, there is the aforementioned patent evaluation report. As with utility models,design owners typically submit a CNIPA-issued evaluation reportat the time of filing a lawsuit or soon after filing a lawsuit. This may also be enforced by the court. If the evaluation report shows that there is no prior design (valid), the judge will be more confident; on the other hand, if the evaluation report indicates that there is a similar prior design, it will be difficult to enforce rights. Chinese courts can suspend (suspend) a trial if the defendant is requesting an invalidation trial, but recently a new law states that ``the trial can be continued unless there is an intentional delay,'' and the evaluation report has become a powerful reference material.

Administrative route (control by administrative agencies)

China has a unique system Intellectual property infringement control by administrative agencies. This is a system in which a right holder files a complaint with an administrative enforcement agency (such as the Intellectual Property Bureau or the Intellectual Property Enforcement Department of the Market Regulation Bureau) and has the infringement stopped by an administrative penalty. It is especially widely used for trademarks, but it can also be used for patents and designs. Article 57 of the Patent Law stipulates that in the event of infringement, a right holder or interested party may not only file a lawsuit in court, but also request the patent management department (administration) to take action.

In the administrative route, the right holder submits an infringement complaint form to the local intellectual property bureau (formerly known as the Patent Administration Bureau; currently, an intellectual property enforcement department has been established within the local market supervision and administration bureau). The department in charge will dispatch investigators toon-site inspections and on-site inspectionsto obtain samples of infringing products and take photographs of sales sites. If anadministrative decisiondetermines that an infringement has occurred, anorder to immediately stop the infringing activity can be issued. For example, it is possible to take coercive measures such as going to a factory and ordering it to stop production on the spot, and seizing inventory. In addition, administrative agencies have the power to confiscate illegal gains and impose fines. Article 70 of the Patent Law aims to expand administrative enforcement by allowing administrative agencies to consolidate cases where infringement of the same patent occurs in multiple regions.

The advantage of the administrative route is that the response is quick. The procedure is simpler than in court, and in some cases, the crime is detected and disposed of on the spot within a few weeks to a few months after the petition is filed. In addition, the cost is low, and rights holders can apply directly without going through a lawyer (although due to language and procedural considerations, it is common to use an agent). Administrative raids are quick and effective when you want to remove a product from the market immediately, for example when a counterfeit product appears at an exhibition or is being sold in a temporary campaign.

On the other hand, a disadvantage is that administrative agencies do not have the authority to ordercompensation for damages. Administrative sanctions are limited to injunctions and fines (collection to the national treasury), and no compensation is paid to victims. If the right holder wishes to obtain compensation for damages, he or she must file a separate civil suit. However, at the administrative disposition stage, attempts may be made to reach a settlement (mediation) between the parties, and administrative officials may intervene and come to a settlement by ``paying XX yuan in exchange for handing over the inventory.'' However, this is only a voluntary settlement and is different from compulsory compensation for damages.

If the infringer is dissatisfied with the disposition result of the administrative agency, the infringer can file an administrative lawsuit with the court within 15 days. Rights holders can also file a lawsuit if they feel that the disposition is insufficient. The court examines the legality of administrative dispositions. For example, if the government determines that there is no infringement, the rights holder can file a complaint and have the rights overturned. However, in most cases, the infringer will file a lawsuit seeking to have the disposition revoked.

The administrative route is centered on enforcement at the local level. Since China is a vast country, there are differences in enforcement capabilities and posture depending on the region. In coastal cities that focus on intellectual property, they are relatively proactive, but in remote areas, the speed can be slow. Administrative sanctions also havegeographical limits and can only be effective within the area under their jurisdiction. However, with the revision of the Patent Law, it has become possible for higher authorities to handle cross-regional infringements in an integrated manner, making it easier to deal with the distribution of infringing products that span multiple ministries.

As a special administrative response, Customs (border enforcement) will also be mentioned. In China, there is a system for registering intellectual property rights with customs, and design rights holders can register their designs in the "Intellectual Property Protection Register" kept at the General Administration of Customs. Registered design rights are subject to monitoring when customs inspects import/export cargo, and if a counterfeit product is attempted to be imported or exported, customs clearance will be suspended or seized. In particular, Chinese customs has the authority to inspect exported goods (Chinese customs can control both import and export), so they can prevent counterfeit products made in China from entering overseas markets at the border. This is a measure that can be used not only by Chinese companies but also by Japanese companies if they have registered their designs in China. Customs seizure is a type of administrative penalty, but it is very useful in that it allows for prompt physical interdiction before judicial proceedings.

Criminal proceedings (criminal punishment/exposure)

Criminal penalties for design right infringement itself basically do not exist in China. Although China's criminal law has crime categories for trademark forgery and trade secret infringement, infringement of patents (inventions, utility models, and designs) is considered a civil offense, and you will not be immediately arrested or prosecuted for intentionally infringing someone else's patent. Therefore, it is not common in China to ``file criminal charges against malicious design plagiarizers and have them exposed'' in the Japanese sense.

However, there are several types of crimes related to patents. A typical example is what is commonly known as 'patent forgery.' This is an act of deceiving consumers by displaying someone else's patent without permission or attaching a false patent number to a product, and is prohibited by law. Article 58 of the Patent Law stipulates that ``If you misrepresent another person's patent, in addition to civil liability, you will be subject to administrative penalties such as confiscation of illegal income and fines, and if it constitutes a crime, you will be investigated for criminal liability.'' In other words, acts such as attaching a design right number that does not exist to a company's product and advertising it as ``patent pending'' are punishable, and if it is malicious, it can be judged as fraudulent under criminal law. However, this is an act of ``pretending to have a right when one does not have it,'' and is different in nature from design infringement, which is ``working without permission even though one has a right.''

Regarding trademark infringement, there are provisions such as ``counterfeit registered trademark crime'' under the Chinese Penal Code, and there are cases in which large-scale fake brand businesses are criminally prosecuted and sentenced to prison. However, it is said that there are almost no cases where design rights infringement alone results in a prison sentence. Public security authorities (police) will only take action if, for example, a product that infringes a design right poses a danger to the lives of consumers, or is also connected to other crimes (fraud, embezzlement, etc.).

In short, In China, infringement of design rights is dealt with civilly and administratively, with criminal law being ancillary. The rights holder can first file a complaint with a public security agency for an "intellectual property crime," but the hurdles for the police to accept the complaint are high, and as a general rule, they will not act unless it is a clear counterfeiting crime such as a trademark. Recent revisions to the Chinese Penal Code have raised the legal penalties for intellectual property crimes, but they only apply to trademarks, trade secrets, etc., and are not directly related to patent (design) infringement.

However, to add a point, If a serious patent infringement case is administratively punished, but the infringement continues, it is theoretically possible that due to the malicious nature of the patent infringement, it could be punished under criminal law such as ``obstruction of official duties'' or ``disturbance of economic order.'' However, almost no actual cases have been reported. At best, the above-mentioned false representations and forgery of patent certificates (forging someone else's patent certificate and presenting it at an exhibition, etc.) may be detected.

In summary, In China, there are no criminal penalties for infringement of design rights, so the practical response is for companies to pursue injunctions and compensation through civil lawsuits, as well as administrative prosecution against malicious companies. Detectives should not have too high expectations, and will only consider approaching public safety if it is absolutely necessary. However, as a rights holder, you must be careful to ensure that your company does not fall victim to the ``false patent indication'' stipulated in Article 58 of the Patent Law. If your company puts a patent mark on someone else's design, you may be exposed. In this regard, even Japanese companies should be careful when displaying products made in China.

Overseas applications (Hague system compliance, applications from China, international applications to China)

For Chinese and Japanese companies, we will organize methods for expansion overseas centering on Chinese designs, or converselyfor acquiring rights to overseas designsin China. The key is to choose between utilizing the Hague International Design System and direct application under the Paris Convention.

China's accession to the Hague Agreement and international design applications

China acceded to the Hague Agreement (1999 Geneva Act on the International Registration of Designs) in 2022, and it entered into force domestically on May 5 of the same year. As a result, it is now possible to apply for designs in multiple countries, including China, with a single international application (Hague application). Under the Hague Agreement, a single application is submitted to the International Bureau of WIPO in either English or French (Chinese is also accepted after China becomes a member, but currently English and French are the most practical), and the application is examined and registered in each of the designated member countries.

Hague application with China as the designated country: Foreign companies such as Japanese companies can use the Hague system to file an international application with designating China. With the Hague application, there is no need to appoint a local representative for each country, and you can apply all at once in English etc. from the beginning. Howeverif you specify China, you will need to incorporate the Chinese practice requirementsinto your international application. Specifically:

• Attach a brief description: When China joined the Hague Agreement, it declared that it was a mandatory requirement for international applications to include a Design Brief. Therefore, if the application submitted to the IB has a Chinese designation, it is necessary to attach a brief explanation containing the key points of the design for each design. The contents are the same as those for domestic applications in China, such as name, purpose, main points, etc. After the international registration is published, it will be forwarded to the China Office for examination.

• Unity requirement: Multiple designs can be filed together in the Hague application, but if China is the designated country, CNIPA will issue a notice of refusal if the multiple designs do not meet China's unity requirement of "similar design for the same product" or "design for a set product". For example, if you include designs for completely different products in one Hague application and also designate China, part or all of the design may be rejected in China as a violation of uniformity. In this case, the applicant must either take steps to divide the design in the international phase (divided international registration) or take steps to appeal the refusal. Careful strategy is required as each country has different uniqueness requirements, such as simultaneous designation of the US and China.

• Drawing requirements: When designating China, it is important that the submitted drawings conform to China's formal standards. Drawings for international applications are common to each country, but for example, a drawing with shading lines designed for the United States will be accepted in China. However, drawings or unclear photographs that the Chinese examiner cannot understand may be grounds for refusal as ``the design is not clearly expressed.'' If necessary, consider making corrections (replacement of drawings) at the international stage.

• Rejection notification period: China has made a declaration under the Hague Agreement that extends the rejection notification period from the usual 6 months to 12 months. In other words, CNIPA will notify you of any rejection within one year of international publication. Many other countries have 6 months, so China is a little longer. For this reason, it is possible that a Hague application designating China may remain in a state of uncertainty as to whether it will be registered for approximately one year.

• Effectiveness and term of protection: Design rights become effective in China from international registration on the date of public announcement in China. Once CNIPA decides to register, it will be published in the China Patent Gazette, and the date of publication will be the date on which the right was issued. The term of protection is the same as for other applications, 15 years from the filing date (international registration date), and is calculated based on the international registration date. As with domestic filings, pensions must be paid annually after the first year (CNIPA will issue pension claim notices as long as the international registration is maintained).

• Fees: Individual fees apply for China designations. This fee is paid in installments at the time of international application and registration, and is approximately the same cost as filing directly in China.

Design applications from China to overseas: The use of the Hague Agreement has been a big boost for Chinese companies when it comes to protecting their designs overseas. Since joining, China has encouraged its companies to file Hague applications, and Chinese applicants can file Hague applications either throughCNIPAor directly to WIPO. Since design rights in multiple countries can be obtained in a single procedure, its use has begun to be actively used.

The advantage for Chinese companies to use The Hague is that they can submit their designs all at once in English when submitting designs to multiple markets, such as the US, Europe, and Japan. Previously, it was necessary to request each country separately and prepare documents in each language, but this will reduce that burden. However, when specifyingcountries with unique drawings and system requirements such as the United States and Japan, you must be aware ofthe risks of rejection for each country. For example, the United States does not allow partial designs and only applies for one design per application, so if you include multiple designs in an international application, you will be required to divide the application in the United States. If Chinese companies are not familiar with such filing strategies, their international applications may be repeatedly rejected by each country. This will not be a problem if countries have relatively similar systems, such as designating China, China, and South Korea, but if Europe and the United States are involved, it is recommended to check with each country's agent in advance.

It is still possible to apply directly to each country without using the Hague Agreement. Since China is a member of the Paris Convention, Chinese companies can claim Paris priority and file individual applications in Japan, the United States, Europe, etc. within 6 months of first filing an application in China. On the other hand, if you file a foreign application first, unlike inventions, there is no foreign application priority system in China (*Domestic priority was introduced in the 2021 revision, but foreign countries -> China are only under the Paris Convention). However, in China, prior permission (secret examination) for foreign applications is limited to inventions and utility models, and is not required for industrial designs. In other words, even if you create a design in China, there is no legal problem if you apply to a foreign country (for example, Japan) first. This is different from Japan; in Japan, industrial property search permission is required when filing a first overseas application for a design, but in China there is no regulation regarding designs, probably because it is not technical information. However, if you apply abroad first, there is a risk that your patent will lose its novelty when you file in China due to its publication or sale, so it is important to also apply in China within the Paris priority period.

Design applications from foreign countries (such as Japan) to China: There are two ways for Japanese companies to obtain design rights in China: (1) directly apply in China via the Paris route, or (2) designate China in the Hague international application. Both have their advantages and disadvantages.

• Direct application to China (Paris route): Within six months of filing in Japan, you can claim Paris priority and file a design application with CNIPA in Beijing. In this case, Chinese translation and local agent are required. Once you have prepared the application, drawings, and brief explanation, and also submitted the priority certificate, you can follow the domestic procedures mentioned above and get the registration done in a few months at the earliest. The advantage is thatdirect communication is possible, and corrections and written opinions can be handled flexibly. In addition, it is possible to file a detailed application for each design, so you can simply translate the Japanese application as is and submit it using the same drawings (of course, if the drawings meet Japanese standards, there is probably not much difference in design drawings internationally). In terms of costs, although there are agent fees, etc., there is no big difference per case compared to going through The Hague.

• Take advantage of the Hague International Application: As Japan is already a member of the Hague, Japanese companies can file international designs through the Japan Patent Office or directly at WIPO. If you specify China at that time, the effect will also apply to China. The advantages of this method include one application can be submitted to multiple countries, procedures can be carried out in a common language (e.g. English), and administration is simpler than filing separately for each country. For example, if you designate Japan, the United States, China, and Europe all at once and file an application, it will be less time-consuming than filing individually with each office. However, the disadvantage is that it may be difficult to respond to China-specific requirements. If you forget to include a brief description when filing an international application, it will be rejected by China, and filing similar designs together may result in a violation of unity in China. In addition, when dealing with refusals at the examination stage, it is difficult to appoint a local representative if the international registration remains. (Officially, it is possible to appoint a local representative to handle refusals in each country, but additional costs will be incurred.) Therefore, there is an opinion that if a Japanese company wants to securely obtain a Chinese design right, it would be safer to apply directly in China alone. On the other hand, if your goal is to obtain rights in multiple countries all at once, you should utilize The Hague.

In conclusion, As of 2025, with China's accession to the Hague, the Chinese design application route for Japanese companies has become more flexible. It is best to select the most suitable application route on a case-by-case basis, depending on your company's circumstances. For example, strategies such as ``If you only want China and South Korea, file directly for each'', ``If you want to submit to Europe and America including China, summarize in The Hague, but be careful about drawing composition'', and ``subtly change the route for each design'' are possible strategies. Furthermore, the number of international applications from China is rapidly increasing, and international design applications from Chinese companies may pose a threat to Japanese companies in the future (possibility of them seeking design protection on a global scale). Japanese companies also need to take full advantage of the Hague System and respond to Leakage of rights in the Chinese market and, conversely, the rise of Chinese companies in overseas markets.

Practical points specific to China (trends in examination practices, expressions in drawings, handling of multiple designs, etc.)

Finally, we will summarize practical points to note that are different from those in Japan in the Chinese design system. It contains useful points in daily practice, such as examiners' operational trends and document preparation tips.

• Examination operations and strategy: Once again, Chinese design examinations have a loose substantive judgment (no detailed checks on novelty). For this reason, there are many cases in which ``just filing an application will result in registration,'' and the hurdles to obtaining rights are low. However, on the other hand, there are also rights that are likely to become invalid afterregistration. In practice, it is important tofile important designs as early as possible to secure a first application. If another company releases a similar design first, you will be out, so you need to be quick to apply before the product is announced. In addition, it is a good idea to check in advance whether your company's design is truly new (has it not already been released in the market), and even if it is a delicate case, if it falls under the grace period (within 6 months) condition, it is a good idea to prepare a statement of reasons.

• First-to-file trap (filing a partial design and a whole design on the same day): In Japan, there is a special rule in which if the same person files a part and a whole of the same design separately, filing the part later does not interfere with his or her earlier whole application. However, there is no such rule in China, and if your whole design application is filed first, your partial design application will also be rejected. Therefore, if you want to obtain rights for both the overall design and partial features of one product, be sure to file both on the same day (or at the same time). For example, if you want to separate the entire design of a new smartphone's casing and a part of it (the pattern around the camera), it is safe to submit two applications on the same day. If they happen on the same day, there is no prior relationship between them and novelty is not affected. Strictly speaking, same-day decisions are OK as long as "the filing dates are the same". The time does not matter (in China, the first-to-file system applies in days, and if the time is on the same day, the same priority is given).

• Points when creating drawings: In Chinese applications, drawings (or photographs) are the lifeblood. If the drawings are poorly made, even if the contents are good, the scope of protection will be ambiguous, which will put you at a disadvantage when enforcing your rights later. Please pay attention to the following points.

  • The submitted drawings must disclose the complete picture of the product. For three-dimensional objects, in principle, submit all six-sided views (front, back, left, right, top, and bottom). Even if the top and bottom are symmetrical and the bottom is not visible, it is preferable to clearly state, ``Bottom view: omitted, top and bottom are the same.'' Unsubmitted views may not be includedin the scope of the rights.

  • For partial designs, at least an overall view of the product and perspective view of the part must be included. In the overall product diagram, dashed lines are used to indicate unclaimed parts and clarify the positional relationship of the parts. To show the detailed shape of the part itself, the perspective view and each necessary side view are also drawn with solid lines. If a boundary line is drawn with a dot-dash line, etc., this should be stated in the brief description.

  • Using dashed lines: In China, it is also possible to indicate unclaimed parts using dashed lines, but portions using dashed lines are not included in the scope of rights. Conversely, any portion not drawn with a dashed line is considered to be within the scope of the claim. In Japanese applications, there is a technique of intentionally writing broken lines in the entire design instead of in the partial design, but in China, broken lines are used exclusively for the partial design system (it is basically a no-no to use broken lines in whole design applications). Other than partial designs, for example, it is not possible to draw environmental objects with dotted lines. No people or other objects showing the background or state of use may be included in the drawings.

  • Notes when submitting a photo: If you are submitting a photo, please prepare a clear photo that only shows the product with no background. Make sure that the brightness and tones of multiple photos are consistent, and avoid photos that are poorly focused. The advantage of photographs is that they can express realistic textures, but the disadvantage is that it is difficult to accurately show dimensional ratios. According to the examination guidelines, it is acceptable to submit a photo, but if the shape of the design cannot be clearly understood, an amendment order may be issued. Ensure a white background and sufficient resolution.

  • Wise writing of short descriptions: Short descriptions can be used to interpret design rights, but they are a double-edged sword. The key is not to write too much. For example, if you write, ``The key points of this design are in 〇〇,'' it is like acknowledging that everything else is ordinary. However, it is not acceptable to write nothing at all, so in the Design Points column, describe the characteristics briefly, but try not to be too specific (e.g., if it is a "streamlined shape as a whole", write "a sophisticated shape with a streamlined shape as a whole"). Don't be too specific about the intended use; it is sufficient to describe the functions normally performed by the product. In the case of a parts design, write something like ``A part used for 〇〇, and attached to △△.'' Please note that reference drawings and photographs may not be included in the brief description. Text only. Also, please note that there is no space to write creative background or effects of the design (even if you write, the examiner will simply skip over it). The examination guidelines list items that can be included in the brief explanation, and anything else is prohibited.

• Simultaneous filing of multiple designs: China's similar design system is different from Japan's related design system. Up to 10 similar designs can be included in one application, but only for identical or similar products. The criteria for determining similarity are whether the design concept is common and the partial differences are within the normal range. When filing an application, there is no need to distinguish between the "principal design and similar designs," but identifiers such as "XX(I), XXX(II)..." are often added to the design name column of the application. A group of similar designs are collectively treated as one design right. In other words, even if there are 10 variations, there is only one right number and one pension. However, each design will be considered on a case-by-case basis to determineinvalidity or infringement. Even if 1 out of 10 designs lacks novelty, whether it will affect the remaining 9 designs depends on the case. (Normally, it is procedurally difficult to determine that only one similar design is invalid, and the result is either all of them are invalid or the rights are maintained.)

  For set designs, the entire set of articles is considered one design. This is a case like a coffee cup and saucer, which is incomplete when taken alone but creates a complete atmosphere when paired together. As this condition

  • (1) belongs to the same Locarno classification,

  • (2) Customarily used and sold at the same time,

  • (3) Unified design concept

  
  

  is required. For a set design, for example, even if it is a 4-piece set, you only need to pay one pension. However, it is important to keep in mind that it is not possible to divide a product filed as a set into individual products later, and it may not be possible to make only part of a set into a partial design. A set as a whole is just one design, so if you want to protect a part of it, you will need to file a separate application.

• GUI and screen design practices: As mentioned above, display screen designs including GUIs have been protected in China since 2014. However,independent GUIs (screen designs not associated with the product itself) are not yet permitted. With the revision of the enforcement regulations in 2023, the generic product name "electronic equipment" can now be used for GUI-related applications, and for example, software screens that can be displayed on both smartphones and PCs can now be filed as "GUI for electronic equipment" all at once. This is progress, and it is no longer necessary to file a separate application for each device as in Japan.

  In GUI application practice, submit a front view of the screen (equivalent to a screenshot), and if necessary, include an enlarged view or transition diagram. Device parts other than the GUI are drawn with broken lines or omitted. In the short description, write the purpose of the GUI and the product name, such as "Display GUI for ○○ △△ (product name)". Examples include "refrigerators with temperature control GUI" and "health management GUI display screen panels." In short, it is necessary to clarify what the GUI screen will be used for and what device the screen will be displayed on. There are still product-dependent constraints, but they may become more flexible in the future (in fact, the recent acceptance of the broader names "display screen panel" and "electronic equipment" is due to the relaxation of product dependence). When submitting a GUI, be sure to check the latest review guidelines, and be careful not to include too many unnecessary screen transition diagrams and to make color complaints.

• Other practical considerations: In Chinese design applications, compatibility of application information is also important. The applicant's name and address should be written in Chinese exactly as they appear on the passport or registration certificate, and should be unified so that there are no spelling errors along the way. Applicant name is also important to pay attention to; for example, if a Japanese company submits the application through a local subsidiary, there is a strategy involved as to which corporate name to submit the application under. In China, as a general rule, the company is the owner of the design rights for employee inventions (it automatically belongs to the corporation), so designs developed by employees are filed in the company's name. It is possible to change the applicant midway through the application, but the procedure is complicated, so it is best to submit the application under the correct name from the beginning.

  Also, Preliminary design search is not compulsory in China, but should be done in important cases. If you request an evaluation report, CNIPA will look into it, but only after you register. Before applying, it is even more important than in Japan to check whether there are any similar designs in the industry using catalogs or online searches. Chinese companies also check European, American and Japanese designs, and are shrewd enough to file their own applications. Imitation applications (pre-emptive applications for plagiarized designs) also exist, so it is necessary to take self-defense measures, such as filing an application before the product is announced or filing in China before it is published internationally.

  In terms of enforcing rights, China's consumer market is vast and the number of infringers is mixed. A combination of civil and administrative law is effective for large-scale infringements, but litigation costs may be high if the opponent is a small-scale mountain business. Therefore, depending on the case, the decision may be made to simply shut the company out of the market through administrative investigation and not pursue compensation. Alternatively, it is also effective to cut off the export route by utilizingcustoms registration. Japanese companies often do not register their design rights with Chinese customs, so if you are worried about importing or exporting counterfeit products, please consider doing so. The process is relatively easy online.

As mentioned above, the design system in China has undergone major changes over the past few years with the introduction of partial designs, extension of term of existence, and support for international applications, and it has become increasingly important for Japanese companies to ignore. Japanese patent attorneys and intellectual property departments need to optimize their design protection strategies in China based on this latest information. China is the world's largest manufacturing and consuming market, and its competitiveness in terms of design is increasing year by year. Let's take advantage of the system effectively by securing the rights to our excellent designs in China, resolutely dealing with counterfeit products, and paying close attention to the designs of other companies.

Reference materials: Chinese Patent Law (design-related), Chinese Patent Law Implementation Regulations, CNIPA Examination Guidelines (2023), China National Intellectual Property Office Announcement, Patent Attorney Corporation Onda International Patent Office "Overview of the Design System in China", Armstrong Teasdale Law Office Commentary, etc.

AUTHOR

Takefumi SUGIURA （杉浦 健文）

EVORIX Intellectual Property Law Firm　Managing Patent Attorney

Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).

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