China Hague Agreement

Posted by on Sep 14, 2021 in Non classé | No Comments

Source: www.chinadaily.com.cn/cndy/2019-09/12/content_37509579.htm; I understand that, according to Judge Song`s idea, after China ratifies the convention, if the parties agree on a court that has no connection to the dispute, the Chinese courts will likely find the agreement valid and decide whether to accept the case on the basis of the agreement. In May, the CNIPA began negotiations with WIPO for China`s accession to the Hague Agreement, a treaty that supports the international registration of industrial designs. Under the Agreement, a professional design is protected by a single application by all Contracting Parties. In Chinese judicial practice, the courts stick to the principle of the essential link. Under Chinese law[2], parties to a dispute over a foreign contract or other property rights or rights may decide, by written agreement, to submit the case to the People`s Court of the defendant`s domicile, at the place where the contract is fulfilled or signed. at the applicant`s domicile, at the place where the object is located or at any other place substantially connected to the dispute. In other words, if the elected court does not have an objective connection to the aforementioned dispute, the court will invalidate the forum agreement. In May 2019, CNIPA and WIPO began negotiations for China`s accession to the Hague Agreement on Industrial Design. The Hague Agreement is a universal treaty that governs and protects internationally registered professional designs. Many experts have said that this contract has many advantages.

First, the business design is protected by a single application by the parties under the contract. Second, this agreement helps to determine the issues raised when applying for a design registration form, such as the payment of fees or the relevant language of the registration form, etc. Therefore, the agreement directly regulates the currency to pay a fee, and the application form can be applied in English, French or Spanish….