After you obtain successful registration for your design, there are various rights that you can enjoy under the relevant Hong Kong law, namely the Registered Designs Ordinance (Cap. 522). In summary, these rights are beneficial as they help to legally protect your creativity and hard work.
For more information on how to register your design, please see FAQ on “How can I register a design in Hong Kong?”
Rights enjoyed under a registered design
Under the Registered Designs Ordinance (Cap. 522), there are certain exclusive rights in Hong Kong, conferred upon the registered owner upon design registration:
- to make or import into Hong Kong, for sale, hire, trade or business, the article with its registered design; and
- to sell, hire, or offer or expose for sale in Hong Kong the article with its registered design.
As a side note, if a person, without your permission, does any of these acts detailed in the above exclusive rights in relation to your registered design, there is likely to have been a registered design infringement. For more information on registered design infringement and what you, as the registered owner, can do about it, please see FAQ on “What are the possible penalties for a registered design infringement?”
How is legal protection of design registration beneficial?
There are various benefits that result from the legal protection of design registration which includes, but are not limited to, the following:
Minimisation of costs and time in case of dispute
For instance, if another person has produced the same, or substantially similar, design without your consent, your certificate of registration helps to verify and set the record straight that you are the rightful owner of the design. Essential details of the legal dispute such as the rights of each party, ownership of design, time of creation of design, etc. are clearly established. Consequently, this will likely help to reduce uncertainty and help to make litigation run more smoothly, hence minimising the costs and time associated with litigation.
Competitive edge
Ownership of the exclusive rights to manufacture and sell your registered design(s) allows you to exclude any competitors from reproducing the same design(s) the market. Consequently, this may give you a unique selling point and a competitive edge in the market.
Additional revenue stream
Alternatively, you can choose to sell or license your exclusive rights of your registered design to others. This can enhance your profitability as it generates an additional revenue stream for your business.
Key takeaways
- The major advantage of design registration is the legal protection it offers, i.e. the rights enjoyed by the registered owner of the registered design.
- Such legal protection is beneficial as it minimises the costs and time in case of dispute, gives you a competitive edge, and can generate an additional source of revenue.
Bibliography:
- Intellectual Property Department of the Government of the Hong Kong Special Administrative Region, ‘Designs’: https://www.ipd.gov.hk/eng/designs.htm