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Intellectual Property (4): Registered Designs

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Registered Designs



What are registered designs?

A registered design protects the shape, configuration and appearance of an article. A design is only registerable if it is novel in the sense that it is a new design.


What designs are not registrable?

Generally, the following designs are not registrable:- Designs which are not new Functional designs Designs which are not aesthetically pleasing (i.e. which do not have "eye appeal") Computer programs and the layout of computer chips and circuit boards Certain works of sculpture Wall plaques, medals and medallions Printed matter such as greeting cards and post cards.


What is the duration of registered design protection?

The maximum term of protection for a registered design is 25 years. A registration is renewable at 5 year intervals.


Who is the owner of the design?

Generally, the designer of the design will be the first owner of the design. If a design is created by an employee in the course of his employment, his employer is the first owner of the design. Where a design is commissioned for money or money's worth, the person commissioning the design (subject to agreement otherwise) will be the first owner of the design.


How do I register a design in Hong Kong?

An application for a registered design should be filed with the Hong Kong Registrar of Designs. The application form together with a representation of the design, details of the applicant, address and the designer (if the applicant is different from the designer) and other relevant information should be supplied to the Hong Kong Registrar of Designs.


A Hong Kong Registered Design will not provide protection in the PRC and a PRC Design Patent will not provide protection in Hong Kong.


What rights does a registered design proprietor have?

A registered proprietor has the exclusive right to manufacture or import into Hong Kong any article in respect of which the registered. The registered design proprietor has the right to prevent third parties from making, importing and subsequently dealing with any article identical to or substantially similar to the design which has been registered.

 

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