Design
Design
- What is a design?
- Design refers to a product’s shape and appearance, which includes packaging, ornament and pattern.
- A registered design does not protect the function and/or technical feature of the product.
- What are the requirements for registering a design?
- The design must be new, which has not been publicly published or disclosed anywhere before the application.
- The design must be distinctive.
- What are the rights of a registered design owner?
- A registered design owner can print the design registration number issued by the intellectual property authority (e.g. Hong Kong Design Reg. No. 12345) on the product, its packaging, advertisement and product catalogue; and
- Prevent others from manufacturing, importing, using, selling or hiring the design product.
- Infringement may have occurred if an owner finds the design of someone’s product substantially similar to his/her registered design or a third party copies or imitates the registered design without his/her consent. The owner can take legal action to stop further infringement and claim for damages from the infringer.
Hong Kong
- How to register a design in Hong Kong?
- An applicant should submit the following documents to Intellectual Property Department:
- A proper application form;
- A set of clear representation of the design (drawings or photos); and
- A statement of novelty.
- An application may cover more than one design if the designs fall within the same Locarno class or belong to the same set of articles.
- It will generally take three to eight months to complete the registration.
- An applicant should submit the following documents to Intellectual Property Department:
- How long does a Hong Kong registered design protection last?
- A maximum of 25 years, commencing from the filing date, and renewable for every five years.
China
- How to register a design patent in China?
- An applicant should submit the following documents to the National Intellectual Property Administration:
- A proper application form;
- A set of clear representation of the design (drawings or photos); and
- A brief description of the design.
- A design patent application only needs to undergo a preliminary examination.
- It will generally take six to 12 months to complete the registration.
- An applicant should submit the following documents to the National Intellectual Property Administration:
- How long does a design patent protection in China last?
- A maximum of 15 years, commencing from the filing date.
- A patentee should pay an annual fee commencing from the year when the patent right is granted.
Free Consultation & Enquiries
FHKI Intellectual Property Centre
Tel: 2732 3182 / 2732 3180
Email: ipc@fhki.org.hk
