In Hong Kong, registered designs are regulated by the Registered Designs Ordinance (Cap. 522). Consequently, there are certain procedures you need to follow to register a design in Hong Kong. The initial length of protection for a registered design is 5 years, with the possibility of renewal and extension.
What is a registered design?
Simply put, with a registered design, the owner has a property right which protects the appearance of a finished product. In summary, it grants the registered design owner the exclusive right in Hong Kong to manufacture, import, use, sell, or hire the design product.
For more information on the benefits of and rights enjoyed under design registration, please see FAQ on “What are the benefits of design registration?”
Definition of “design”
As per the Registered Designs Ordinance (Cap. 522), a “design” is defined as the features of shape, configuration, pattern or ornament applied to an article of manufacture by any industrial process, being features which in the finished article appeal to and are judged by the eye.
However, the definition excludes:
- a method or principle of construction; or
- features of shape or configuration of an article dictated solely by the article’s function or are dependent upon the appearance of another article of which the article is intended by the designer to form an integral part.
Does my design qualify for design registration?
Under the Registered Designs Ordinance (Cap. 522), in order to register a design in Hong Kong, there are certain conditions that must be met:
- the design must be new (i.e. not the same as any other existing registered design or published elsewhere on the date of filing the application);
- the aesthetic considerations of the article to which the design relates should be of a material extent by users of the article;
- the design must not be contrary to public order or morality; and
- the design must not be a computer program or a protected lay-out design (topography).
Steps for design registration
To obtain registration of a design, you must make an application to the Registrar of Designs, the Director of Intellectual Property. Your application must specify a list of articles in respect of which the registration is sought, and the class(es) they fall in, among other information. After filing your application, generally, it will take less than three months for a certificate of registration to be issued.
For more information about applying for the registration of a design in Hong Kong, please see the website of the Intellectual Property department: https://www.ipd.gov.hk/eng/intellectual_property/designs/Applying_for_a_Registered_Design.htm.
Length of registered design protection
Upon successful registration of a design, it will be registered in your, the applicant’s, name. The initial length of protection will be 5 years starting from the date on which your application for registration was filed. The registration may be renewed and extended for additional 5-year periods each time. However, the total registration period may not exceed 25 years from the original date of filing the application for registration.
As design registration is a rather complex process, you may wish to consult a lawyer or professional to assist and guide you through the process. This will help to reduce the risk of errors and, consequently, the suffering of any business loss.
Key takeaways
- A registered design is a legal property right which protects the “design” of a product.
- To obtain design registration, you must file an application to the Registrar of Designs in Hong Kong and specify a list of articles in respect of which the registration is sought, and the class(es) they fall in, among other information.
- Registered design protection lasts for an initial period of 5 years and may be renewed for additional 5-year periods but may not exceed a total period of 25 years.
Bibliography:
- Intellectual Property Department of the government of the Hong Kong Special Administrative Region, ‘Designs’: https://www.ipd.gov.hk/eng/applicants/designs.htm