Page 396 - Regional Comprehensive Economic Partnership (RCEP)

Article 11.50: Information as Prior Art for Designs Made Available
39
to the Public on the Internet

The Parties recognise that information made available to the public on
the internet may form part of the prior art for designs.

Article 11.51: Registration or Grant and Applications of Industrial
Designs

Each Party shall provide a system for the registration or grant of
industrial designs, which shall include:

(a) a requirement to provide to the applicant a communication
in writing, which may be provided electronically, of the
reasons for a refusal to register or grant an industrial
design;

(b) an opportunity for the applicant to respond to
communications from the Party’s competent authorities for
industrial designs, and to contest, challenge, or appeal a
refusal to register or grant an industrial design;

(c) an opportunity to seek cancellation or invalidation or
revocation of a registration or grant; and

(d) a requirement that administrative decisions in
40
cancellation or invalidation or revocation proceedings shall
be reasoned and in writing. Such decisions may be
provided electronically.

Article 11.52: Introduction of International Classification System for
Industrial Designs

Each Party shall endeavour to use a classification system for industrial
designs that is consistent with the Locarno Agreement Establishing an
International Classification for Industrial Designs signed at Locarno on 8
October 1968, as amended from time to time.

39 For greater certainty, nothing in this Article shall require a Party to ensure that its
administrative authorities conduct substantive examination of designs.

40 For the purposes of this subparagraph, “administrative decisions” may include quasi-
judicial decisions.

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