Industrial Designs Law in Hong Kong
Here’s a clear summary of Industrial Designs Law in Hong Kong:
Legal Framework
Industrial designs in Hong Kong are governed by the Registered Designs Ordinance (Cap. 522).
The law is administered by the Intellectual Property Department (IPD) of Hong Kong.
Hong Kong is a separate IP jurisdiction from mainland China.
What is an Industrial Design?
An industrial design protects the aesthetic appearance of an article.
This includes features like lines, contours, colors, shape, texture, materials, or ornamentation.
The design must be new and original.
Protection Types
Hong Kong provides protection only for registered designs; there is no unregistered design right.
Protection is granted upon registration with the IPD.
Registration Process
Submit an application to the IPD with:
Clear representations of the design (drawings, photographs).
Statement of novelty.
Payment of prescribed fees.
IPD conducts a formal examination (not substantive).
Upon acceptance, the design is registered and published.
Duration of Protection
Initial protection is for 5 years from the date of registration.
Can be renewed twice, each time for 5 years.
Maximum total protection: 15 years.
Rights and Enforcement
The registered design owner has the exclusive right to use, make, sell, or import products with the design.
Unauthorized use constitutes infringement.
Enforcement is through Hong Kong courts.
Remedies include injunctions, damages, and orders to destroy infringing articles.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Registered Designs Ordinance (Cap. 522) |
| Registration Authority | Intellectual Property Department (IPD) |
| Protection Duration | 5 years, renewable twice (max 15 years) |
| Protection Scope | Appearance only |
| Unregistered Rights | None |
| Examination | Formal only |
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