As intellectual property protection is generally territorial in nature, applying for registration of a design in Mainland China or elsewhere in the world does not automatically give registered design protection in the Hong Kong Special Administrative Region. Therefore, if someone intends to manufacture, import, sell or offer for hire his design product (or license someone else to do so) in the Hong Kong SAR, he will need to register his design in the Hong Kong SAR. This article will briefly introduce the registered design system in Hong Kong.

1. What is a registered design?

Designs can be registered for a wide range of products, including computers, telephones, CD-players, textiles, jewelry and watches.

Registered designs protect only the appearance of products, for example the look of a computer monitor. Registration of the design does not protect the way in which the product, relating to the design, works. Protection for the way in which a product works may be available under patent law. Computer software is protected under copyright law.

Registered design owners have the right to prevent others from manufacturing, importing, using, selling or hiring the design product.

1. Application Process

When filing an application for design, documents and materials required are as follows:

• a completed application form (Designs Form D1)

1)a title in English and Chinese;

2)representations and statement of novelty;

3)the name and address of the applicant;

4)Locarno Classification, class and subclass;

5)where the applicant is not the designer, a statement explaining the applicant’s rights in relation to the design;

6)an address in Hong Kong for service of documents;

7)scanned copy of certified priority document, if a foreign priority claimed; Translation of the priority document(s) and the translator and his official capacity (if any), if not in either English or Chinese;

8)the instrument (for example, deed of assignment), if the applicant in the previous application is different from the application;

2. Payment

The fees payable is at least 940 HKD, including filing fee for 1 design for for articles not forming a set of articles 785 HKD and advertisement fee 155 HKD.

Two or more designs can be included in an application if the designs are related to the same Locarno class of articles or to the same set of articles. A reduced fee is payable for every subsequent design in a multiple application.

3. Examination

After filing, IPD will examine the formalities of the application. The formalities refer to the information required in the application form. If the application is not in order, IPD will issue a notice to the applicant to correct the mistakes within three months.

4. Registration and publication

If a design application is in order, the design will be registered, with the registration will be published in the Hong Kong Intellectual Property Journal, and a certificate of registration will be issued. A certificate of registration can usually be issued within three months after an application is filed.

5. Renewal

Registration of a design is for an initial period of five years beginning on the filing date of the application. Registered design protection is renewable for periods of five years up to a maximum of 25 years. For the official fee of the renewal, please refer to the table below.