| Chapter: | 522A | REGISTERED DESIGNS RULES | Gazette Number | Version Date |
| | Empowering section | | 30/06/1997 |
| (Cap 522 section 79, 80, 81 and 82) | |
| | [27 June 1997] L.N. 368 of 1997 |
| (Originally L.N. 340 of 1997) | | |
| Section: | 1 | (Omitted as spent) | | 30/06/1997 |
PRELIMINARY
(Omitted as spent) | Section: | 2 | Interpretation | L.N. 38 of 2004; L.N. 40 of 2004 | 07/05/2004 |
(1) In these Rules-"digital signature" (數碼簽署) has the meaning assigned by section 2(1) of the Electronic Transactions Ordinance (Cap 553); (L.N. 38 of 2004) "electronic record" (電子紀錄) has the meaning assigned by section 2(1) of the Electronic Transactions Ordinance (Cap 553); (L.N. 38 of 2004) "electronic signature" (電子簽署) has the meaning assigned by section 2(1) of the Electronic Transactions Ordinance (Cap 553); (L.N. 38 of 2004) "information system" (資訊系統) has the meaning assigned by section 2(1) of the Electronic Transactions Ordinance (Cap 553); (L.N. 38 of 2004) "Locarno Agreement" (《洛迦諾協議》) means the Locarno Agreement Establishing an International Classification
for Industrial Designs, signed at Locarno on October 8, 1968, as amended from time to time;
"send" (送交) includes give, and cognate expressions are to be construed accordingly; (L.N. 38 of 2004)
"statement of novelty" (新穎性陳述) means a statement in accordance with section 8;
"textile article" (紡織品) means textile and plastics piece goods, handkerchiefs, shawls and such other classes of
articles of a similar character as the Registrar may from time to time decide, for which the protection under the Ordinance is limited to features of pattern and ornament only.
(2) Any reference in these Rules - (a) to a specified form shall be construed as a reference to the relevant form specified by the Registrar by notice published in the official journal; (2 of 2001 s. 27)
- (b) to an applicable fee shall be construed as a reference to the fee applicable in accordance with section 74 and the Schedule; or
- (c) to the filing of a document or other thing shall, unless the context otherwise requires, be construed as a reference to the filing of the document or thing with the Registrar in accordance with sections 60, 60A, 60B and 60C. (L.N. 38 of 2004)
| Section: | 2A | Specified forms | L.N. 38 of 2004; L.N. 40 of 2004 | 07/05/2004 |
A requirement to use a specified form is satisfied by the use of either—
(a) a replica of the specified form; or
(b) a form acceptable to the Registrar, that contains the information required by the specified form and complies with any directions of the Registrar as to the use of the specified form or replicas of it.
Cap 522A - REGISTERED DESIGNS RULES
(L.N. 38 of 2004) | Section: | 3 | Prescribed case under section 5(3) of Ordinance | | 30/06/1997 |
REGISTRABLE DESIGNS
(SECTIONS 5, 9 AND 10 OF ORDINANCE)
The Registrar may exercise his powers under section 5(3) of the Ordinance in any case where a request for amendment of an application for registration of a design has been granted under section 21 of the Ordinance and in the opinion of the Registrar the amendment has the effect of significantly altering the design for which the application was initially filed. | Section: | 4 | Designs excluded from registration | | 30/06/1997 |
There shall be excluded from registration under the Ordinance designs intended to be applied to any of the following articles, namely- - (a)
- works of sculpture (other than casts or models used or intended to be used as models or patterns to be multiplied by any industrial process);
- (b)
- wall plaques, medals and medallions;
- (c)
- printed matter primarily of a literary or artistic character, including book jackets, calendars, certificates, coupons, dressmaking patterns, greeting cards, labels, leaflets, maps, plans, playing cards, postcards. stamps, trade advertisements, trade forms and cards, transfers and similar articles.
| Section: | 5 | Industrial application of designs | | 30/06/1997 |
A design is to be regarded for the purposes of section 10 of the Ordinance as "applied industrially" if it has been applied- - (a)
- to more than 50 articles which do not all together constitute a single set of articles; or
- (b)
- to articles manufactured in lengths or pieces, not being handmade articles.
| Section: | 6 | Form and contents of applications | L.N. 38 of 2004; L.N. 40 of 2004 | 07/05/2004 |
APPLICATIONS FOR REGISTRATION
(SECTIONS 12, 13, 18, 20 AND 21 OF ORDINANCE)
Filing of applications
(1) An application for registration of a design shall be made on the specified form. - (2)
- The application shall include the information and documents referred to in section 12(2)(a) to (e) of the Ordinance, namely-
- (a)
- a request for registration of the design;
- (b)
- a representation of the design suitable for reproduction, in accordance with section 7; (L.N. 38 of 2004)
- (c)
- the name and address of the applicant;
- (d)
- where the applicant is not the designer, a statement explaining the applicant's rights in relation to the design; and
- (e)
- an address in Hong Kong for service of documents.
(3) In addition, the application shall include- - (a)
- a statement identifying the article or articles to which the design is intended to be applied, in both official languages;
- (b)
- a statement identifying the classification of the article or articles to which the design is intended to be applied, according to the class and subclass of the classifications established by the Locarno
Agreement;
- (c)
- a statement of novelty, in accordance with section 8; (L.N. 38 of 2004)
- (d)
- any statements or evidence required by sections 9, 10, 11, 12 and 13, whichever are applicable;
- (e)
- a transliteration of the name of the applicant, if the name is not in Roman letters or in Chinese characters; (L.N. 38 of 2004)
- (f)
- the signature of the applicant; and
- (g)
- any other information required by the specified application form.
- (1)
- The representation of the design included with the application may be either a drawing or a photograph and shall be of a size of not more than 210 mm by 297 mm. (L.N. 38 of 2004)
- (2)
- Where the application is made for the registration of a design intended to be applied to a set of articles, the representation shall show the design as applied to each different article included in the set.
- (3)
- The Registrar may at any time require the applicant to file additional copies of the representation. (L.N. 38 of 2004)
| Section: | 7 | Representations | L.N. 38 of 2004; L.N. 40 of 2004 | 07/05/2004 |
| Section: | 8 | Statement of novelty | L.N. 38 of 2004; L.N. 40 of 2004 | 07/05/2004 |
(1) A statement describing the features of the design which the applicant considers to be new shall be included
in the application filed under section 6 in both official languages. (L.N. 38 of 2004) (2)-(3) (Repealed L.N. 38 of 2004) - (4)
- This section does not apply in the case of an application for registration of the pattern or ornament of a design which is intended to be applied to a textile article, to wallpaper or similar wall covering or to lace or to sets of textile articles or lace.
- (1)
- Where an applicant wishes to claim that section 9 of the Ordinance applies in relation to the application. the application shall include a statement to that effect in accordance with this section.
- (2)
- Except in the case referred to in subsection (3), the statement shall
- (a)
- identify the provisions of section 9 of the Ordinance on which the applicant relies; and
- (b)
- describe the circumstances of the disclosure of the design including any relevant dates.
- (3)
- Where the disclosure of the design relates to an official international exhibition, the statement shall specify-
- (a)
- the name of the exhibition and the place where it was held;
- (b)
- the opening date of the exhibition; and
- (c)
- if the first disclosure of the design did not take place on the opening date of the exhibition, the date of such first disclosure.
- (4)
- The applicant may file additional information or documents in support of the claim.
- (1)
- Where an applicant wishes to claim that section 11 of the Ordinance applies in relation to the application, the application shall include a statement to that effect in accordance with this section.
- (2)
- The statement shall specify the number or numbers of the previous registration or registrations and the number or numbers of the previous application or applications for registration.
- (3)
- The applicant may file additional information or documents in support of the claim.
- (1)
- Where an applicant wishes to claim the priority of a previous application under section 16 of the Ordinance,
| Section: | 9 | Statement relating to confidential disclosure | | 30/06/1997 |
| Section: | 10 | Statement in respect of previously registered designs, etc. | | 30/06/1997 |
| Section: | 11 | Statement of priority, etc. | L.N. 38 of 2004; L.N. 40 of 2004 | 07/05/2004 |
the application shall include the statement of priority and copy of the previous application required by that section.
(2) In addition to the statement of priority and copy of the previous application, there shall be filed with the application, or within 3 months of the filing date of the application, a copy of a certificate issued by a competent authority of the relevant Paris Convention country or WTO member verifying to the Registrar's satisfaction- (L.N. 38 of 2004) - (a)
- the country, territory or area of filing of the previous application;
- (b)
- the filing date of the previous application and its filing number;
- (c)
- the representation of the design and the articles covered by the previous application.
| Section: | 12 | Evidence relating to armorial bearings, etc. | | 30/06/1997 |
Where a reproduction of the armorial bearings, insignia, orders of chivalry, decorations, emblems or flags of any country, city, town, place, society, body corporate, institution or person appears on a design, the application shall include evidence satisfactory to the Registrar that such official or other person as is entitled to give consent to the registration of the design and to the use of the reproduction has given such consent. | Section: | 13 | Evidence relating to names or portraits | | 30/06/1997 |
- (1)
- Where the name or portrait of a living person appears on a design, the application shall include evidence satisfactory to the Registrar that the person has consented to the registration of the design and to the use of his name or portrait.
- (2)
- Where the name or portrait of a recently deceased person appears on a design, the application shall include evidence satisfactory to the Registrar that the personal representative of the deceased person has consented to the registration of the design and to the use of the deceased's name or portrait.
- (1)
- Subject to this section, an application for registration of a 2-dimensional design intended to be applied to a textile article may be accompanied by a sample of the article to which the design reproduced in the representation is applied.
(2) The sample must be contained in a single envelope or packet.
- (3)
- The dimensions of the sample must not exceed 30 cm and the weight of any such envelope or packet and its packing must not exceed 4 kg.
- (4)
- Samples of perishable articles or articles which are dangerous to store shall not be submitted.
- (5)
- Except where the Registrar requires, samples of other articles shall not be submitted.
| Section: | 14 | Samples | | 30/06/1997 |
| Section: | 15 | Specimens | | 30/06/1997 |
Except where the Registrar requires, no specimens shall be filed. | Section: | 16 | Multiple applications | | 30/06/1997 |
Multiple applications
Two or more designs may be the subject of the same application for registration if the designs relate to the same class of articles as classified in accordance with the classifications established by the Locarno Agreement or to the same set of articles. | Section: | 17 | Withdrawal of applications | L.N. 38 of 2004; L.N. 40 of 2004 | 07/05/2004 |
Withdrawal and reinstatement of applications
A notice of withdrawal under section 18 of the Ordinance shall be made in writing and shall state the application
number of the application being withdrawn.
(L.N. 38 of 2004) | Section: | 18 | Reinstatement of applications | | 30/06/1997 |
A notice requesting reinstatement of an application for registration of a design under section 20 of the Ordinance shall be made on the specified form. | Section: | 19 | Amendment of applications | | 30/06/1997 |
Amendment of applications
A request for amendment of an application for registration of a design under section 21 of the Ordinance shall be made on the specified form. | Section: | 20 | Transactions affecting rights in applications | | 30/06/1997 |
Rights in applications - (1)
- Subject to section 64(3) of the Ordinance, notice may be given to the Registrar on the specified form of particulars concerning any transaction, instrument or event affecting an application for registration of a design and to which sections 23 and 34 of the Ordinance apply.
- (2)
- Section 33(2) to (4) applies, with necessary modification, in relation to a notice filed under subsection (1) as it applies in relation to an application filed under section 33.
- (3)
- Subject to section 64(3) of the Ordinance, notice may be given to the Registrar on the specified form of particulars concerning any transaction, instrument or event by virtue of which the ownership of, or any interest in, an application for registration of a design is purportedly affected.
(4) A notice under subsection (1) or (3) shall contain full particulars of the transaction, instrument or event. | Section: | 21 | Formal requirements | | 30/06/1997 |
Expanded Cross Reference:
3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13
EXAMINATION AND REGISTRATION (SECTIONS 24, 25 AND 26 OF ORDINANCE)
The following are specified as the "formal requirements" for the purposes of the Ordinance, namely- - (a)
- all of the requirements of section 12 of the Ordinance; and
- (b)
- all of the requirements of sections 3 to 13 of these Rules. <* Note- Exp. x-Ref: Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 *>
| Section: | 22 | Deficiencies | | 30/06/1997 |
- (1)
- Where the Registrar determines that there are deficiencies as regards the formal requirements, he shall give written notice of the deficiencies to the applicant.
- (2)
- Deficiencies as regards the formal requirements may be corrected within 3 months after the date of the notice.
- (3)
- Subject to section 26 of the Ordinance, if the deficiencies are corrected within the period referred to in subsection (2), the Registrar shall proceed to register the design in accordance with section 25.
| Section: | 23 | Refusal of applications | | 30/06/1997 |
(1) Where the Registrar refuses an application for registration of a design under section 26 of the Ordinance, he
shall give written notice of the refusal to the applicant.
(2) The notice shall state the reasons for the Registrar's decision. - (3)
- For the purpose of any appeal against the Registrar's decision under section 58 of the Ordinance, the date of the decision shall be the date when notice of the decision is sent to the applicant under this section.
For the purposes of the registration of designs, articles shall be classified in accordance with the classifications specified in the Locarno Agreement.
- (1)
- The Registrar shall register a design under section 25 of the Ordinance by entering the following particulars in the Register-
- (a)
- the date of registration;
- (b)
- the date of entry in the Register;
- (c)
- if applicable, the priority date and the name of the relevant Paris Convention country or WTO member;
- (d)
- the registration number;
- (e)
- the name and address of the owner of the design;
- (f)
- any address for service;
- (g)
- the number of the class and subclass of the Locarno classification of the article or articles in respect of which the design is registered.
(2) In addition, the Registrar shall enter the following in the Register- - (a)
- a reproduction of the representation of the design included with the application;
- (b)
- any statement of novelty relating to the design;
- (c)
- particulars as to the article or articles in respect of which the design is registered;
- (d)
- particulars concerning any relevant transaction, instrument or event to which section 34 of the Ordinance applies;
- (e)
- if applicable, a statement that the design has been registered in accordance with section 11 of the Ordinance in association with a design which has been previously registered.
- (3)
- The Registrar may at any time enter in the Register such other particulars in relation to the design as he may think fit.
(1) On registration of a design the Registrar shall issue a certificate of registration to the registered owner.
- (2)
- In the case of a design which is registered in accordance with section 11 of the Ordinance in association with a design which has been previously registered, the certificate of registration shall contain a statement that the design has been registered in association with that previously registered design.
- (1)
- The advertisement of the registration of a design published in the official journal under section 25(d) of the Ordinance shall contain-(2 of 2001 s. 27)
- (a)
- the date of registration;
- (b)
- if applicable, the priority date and the name of the relevant Paris Convention country or WTO member;
- (c)
- the registration number;
- (d)
- the name and address of the registered owner;
- (e)
- any address for service;
- (f)
- a reproduction of the representation of the design included with the application;
- (g)
- particulars as to the article or articles in respect of which the design is registered; and
- (h)
- the number of the class and subclass of the Locarno classification of the article or articles in respect of which the design is registered.
| Section: | 24 | Classification of articles | | 30/06/1997 |
| Section: | 25 | Registration | | 30/06/1997 |
| Section: | 26 | Certificate of registration | | 30/06/1997 |
| Section: | 27 | Advertisement of registration | L.N. 40 of 2004 | 07/05/2004 |
(2) If a design is registered in accordance with section 11 of the Ordinance in association with a design which has been previously registered, the advertisement shall also contain the number or numbers of the previous registration or registrations and the number or numbers of the previous application or applications for registration. | Section: | 28 | Reminder of renewal of registration | | 30/06/1997 |
DURATION OF REGISTRATION (SECTIONS 28 AND 30 OF ORDINANCE)
Except where the period of registration of a design has already been renewed in accordance with section 28 of the Ordinance and section 29 of these Rules, the Registrar shall not earlier than 6 months nor later than 1 month before the end of the period of registration give written notice of the imminent expiration of the period to the registered owner and inform him that the period of registration may be renewed in the manner described in section 29. | Section: | 29 | Renewal of registration | | 30/06/1997 |
- (1)
- If the owner of a registered design wishes to renew the period of registration of a design under section 28(2) of the Ordinance, an application shall be made on the specified form before the end of the current period of registration but not earlier than 3 months immediately preceding the end of the current period.
- (2)
- If the owner of a registered design wishes to renew the period of registration of a design under section 28(5) of the Ordinance, an application shall be made on the specified form during the period of 6 months immediately following the end of the period specified in section 28(4) of the Ordinance.
(3) An application under subsection (1) or (2) shall be accompanied by the applicable fees.
- (4)
- If an application is filed and the applicable fees are paid in accordance with subsection (1) or (2), the Registrar shall renew the registration of the design by making the appropriate entry in the Register.
If, at the end of the current period of registration of a design, an application is not filed or the applicable fees are not paid in accordance with section 29(1), the Registrar shall publish notice of that fact in the official journal. (2 of 2001 s. 27)
- (1)
- If an application is not filed or the applicable fees are not paid in accordance with section 29(1) or (2), the Registrar shall remove the design from the Register.
- (2)
- Notice of the removal of the registration of a design from the Register shall be published in the official journal. (2 of 2001 s. 27)
- (1)
- The registered owner of a design may surrender the registration of the design under section 30 of the Ordinance by filing a notice of surrender in the specified form.
- (2)
- A notice filed under this section shall not be valid unless the registered owner in the notice-
- (a)
- states that the registration is to be surrendered in respect of either-
- (i)
- all of the articles for which the design is registered; or
- (ii)
- articles specified in the notice;
- (b)
- gives the name and address of each other person having a registered interest in the design; and
- (c)
- certifies, in respect of every such person, that the person-
- (i)
- has been sent not less than 3 months' notice of his intention to surrender the registration; or
- (ii)
- is not affected by the surrender or, if affected, consents to the surrender.
- (3)
- The surrender takes effect upon receipt by the Registrar of a notice which complies with subsection (2).
- (4)
- A surrender of the registration of a design has the same effect in respect of the articles for which the design is surrendered as the registration of the design ceasing to have effect in respect of those articles.
| Section: | 30 | Notice of failure to apply for renewal | L.N. 40 of 2004 | 07/05/2004 |
| Section: | 31 | Removal of registration | L.N. 40 of 2004 | 07/05/2004 |
| Section: | 32 | Surrender of registration | L.N. 40 of 2004 | 07/05/2004 |
(5) The Registrar shall, upon the surrender taking effect, make the appropriate entry in the Register and publish
notice of the surrender in the official journal. (2 of 2001 s. 27) | Section: | 33 | Transactions affecting rights in registered designs | L.N. 38 of 2004; L.N. 40 of 2004 | 07/05/2004 |
RIGHTS IN REGISTERED DESIGNS (SECTIONS 34 AND 64 OF ORDINANCE) - (1)
- Subject to section 64(3) of the Ordinance, application may be made on the specified form for the registration of particulars concerning any transaction, instrument or event to which section 34 of the Ordinance applies and by virtue of which a person claims to have acquired a right in or under a registered design.
- (2)
- The application shall contain the name and address of the person claiming or stated to have acquired the right together with full particulars of the transaction, instrument or event.
(3) The application shall be signed by or on behalf of - (a)
- the assignor, where it relates to an assignment referred to in section 34(3)(a) of the Ordinance; (L.N. 38 of 2004)
- (b)
- the mortgagor, where it relates to a mortgage referred to in section 34(3)(b) of the Ordinance; or
- (c)
- the grantor, where it relates to the grant of a licence or sub-licence referred to in section 34(3)(c) of the
Ordinance, or it shall be accompanied by such evidence as suffices to establish the assignment, mortgage or grant, as the case may be. - (4)
- In any case not covered by subsection (3), the application shall be accompanied by such evidence as suffices to establish the transaction, instrument or event.
- (1)
- Subject to section 64(3) of the Ordinance, application may be made on the specified form for the registration of particulars concerning any transaction, instrument or event (other than one referred to in section 33) by virtue of which the ownership of, or any interest in, a registered design is purportedly affected.
| Section: | 34 | Registration of other transactions | | 30/06/1997 |
(2) The application shall contain full particulars of the transaction, instrument or event. | Section: | 35 | Cancellation of claim to be mortgagee or licensee | | 30/06/1997 |
Where the name of a person is entered in the Register as mortgagee or licensee in respect of a registered design, such person may on making an application on the specified form have a notice entered in the Register that he no longer claims to be mortgagee or licensee, as the case may be. | Section: | 36 | Furnishing of evidence | | 30/06/1997 |
The Registrar may require any person who makes an application under section 33, 34 or 35 to furnish him with such evidence as he may require in connection with the application within such period as he may specify. | Section: | 37 | Reference | L.N. 38 of 2004; L.N. 40 of 2004 | 07/05/2004 |
LEGAL PROCEEDINGS
(SECTIONS 44, 45, 46 AND 63 OF ORDINANCE)
References to Registrar - (1)
- A reference to the Registrar under section 44 of the Ordinance of the question of whether, having regard to section 7 of the Ordinance, a design is a registrable design shall be made by filing- (L.N. 38 of 2004)
- (a)
- an application in the specified form; and
- (b)
- a statement setting out fully the reference sought and the facts on which the applicant relies.
- (2)
- The applicant shall, at the same time as he files the application and statement, send a copy of it to the registered owner of the design. (L.N. 38 of 2004)
- (3)
- The Registrar shall enter a notice of the application in the Register and advertise the fact of the application having been filed in the official journal. (L.N. 38 of 2004)
Expanded Cross Reference:
39, 40, 41, 42, 43, 44
- (1)
- If any person (including the registered owner) wishes to oppose an application under section 37, he shall. within 2 months from the date of the advertisement in the official journal, file a notice of opposition in the specified form setting out fully the grounds on which the opponent objects to the application and the facts on which he relies. (2 of 2001 s. 27; L.N. 38 of 2004)
| Section: | 38 | Notice of opposition | L.N. 38 of 2004; L.N. 40 of 2004 | 07/05/2004 |
(2) The opponent shall, at the same time as he files the notice of opposition, send a copy of it to the applicant.
(L.N. 38 of 2004) - (3)
- This section and sections 39 to 44 do not apply in any case where the Registrar refers the question to the court for determination in accordance with section 46. <* Note- Exp. x-Ref: Sections 39, 40, 41, 42, 43, 44 *>
- (1)
- Within 3 months from the date of the sending of the copy of the notice of opposition under section 38, the applicant shall file a counter-statement in the specified form setting out the grounds on which he relies as supporting his application and the facts, if any, alleged in the notice of opposition which he admits. (L.N. 38 of 2004)
| Section: | 39 | Counter-statement | L.N. 38 of 2004; L.N. 40 of 2004 | 07/05/2004 |
(2) The applicant shall, at the same time as he files the counter-statement, send a copy of it to the opponent.
(L.N. 38 of 2004) | Section: | 40 | Evidence in support of opposition | L.N. 38 of 2004; L.N. 40 of 2004 | 07/05/2004 |
- (1)
- Within 3 months from the date of sending of the copy of the applicant's counter-statement under section 39, the opponent shall file such evidence as he may desire to adduce in support of his opposition and shall send to the applicant a copy of that evidence. (L.N. 38 of 2004)
- (2)
- If the opponent fails to file evidence in accordance with subsection (1), he shall, unless the Registrar otherwise directs, be deemed to have abandoned the opposition.
If the opponent files evidence in accordance with section 40, the applicant shall, within 3 months from the date of sending of the copy of the opponent's evidence, file such evidence as he may desire to adduce in support of his application and shall send to the opponent a copy of that evidence.
- (1)
- The opponent may file further evidence, confined to matters strictly in reply, within 3 months from the date of sending of the copy of an applicant's evidence under section 41, and if the opponent files such further evidence he shall send a copy to the applicant.
- (2)
- The applicant may file further evidence, confined to matters strictly in reply, within 3 months from the date of sending of the copy of an opponent's evidence, and if the applicant files such further evidence he shall send a copy to the opponent.
| Section: | 41 | Evidence in support of application | | 30/06/1997 |
| Section: | 42 | Evidence in reply | | 30/06/1997 |
(3) No further evidence shall be filed by any party except by leave or direction of the Registrar. | Section: | 43 | Directions on subsequent procedure | | 30/06/1997 |
The Registrar may give such directions as he may think fit with regard to the subsequent procedure on an application under section 37. | Section: | 44 | Notice of decision | | 30/06/1997 |
- (1)
- After hearing the party or parties wishing to be heard on an application under section 37 or, if no party so wishes, without a hearing, the Registrar shall decide the matter and shall notify all parties of his decision and, if any party so requests, shall give his reasons for the decision.
- (2)
- For the purpose of any appeal against the Registrar's decision under section 58 of the Ordinance, the date of the decision shall be the date when notice of the decision is sent under this section.
In the event that an application under section 37 is not opposed by the registered owner, the Registrar in deciding whether costs should be awarded to the applicant shall consider whether the proceedings might have been avoided if reasonable notice had been given by the applicant to the registered owner before the application was filed.
- (1)
- Where the Registrar receives an application under section 37 and decides to refer the question to the court for determination, he shall forthwith serve a copy of the reference to the court on the applicant and the registered owner of the design. (L.N. 38 of 2004)
- (2)
- The Registrar shall enter a notice of the reference to the court in the Register and advertise the fact of the reference in the official journal. (2 of 2001 s. 27)
Applications to court
- (1)
- Where application to the court is made under section 45 or 46 of the Ordinance for the registration of a design to be revoked, the applicant shall forthwith serve a copy of the application on the Registrar. (L.N. 38 of 2004)
| Section: | 45 | Costs in unopposed cases | | 30/06/1997 |
| Section: | 46 | Reference to court | L.N. 38 of 2004; L.N. 40 of 2004 | 07/05/2004 |
| Section: | 47 | Service on Registrar of applications | L.N. 38 of 2004; L.N. 40 of 2004 | 07/05/2004 |
(2) The Registrar shall enter a notice of the application in the Register. | Section: | 48 | Filing of court orders, declarations or certificates | | 30/06/1997 |
Miscellaneous - (1)
- Where any order or declaration is made or any certificate is granted by the court under the Ordinance, the person in whose favour such order, declaration or certificate has been made or granted or, if there is more than one, such one of them as the Registrar may direct, shall file a certified copy of the order, declaration or certificate with the Registrar and, if rectification of the Register is required, the specified form.
(2) Where appropriate, the Register shall be rectified by the Registrar accordingly.
- (1)
- If a party in any proceedings before the Registrar neither resides nor carries on business in Hong Kong, the Registrar may require him to give security for costs in such form and in such amount as the Registrar considers sufficient.
- (2)
- If the Registrar requires security to be given by any party in respect of an application, request or notice of opposition filed by him and the party fails to give such security as required, the Registrar may treat the application,
| Section: | 49 | Security for costs | | 30/06/1997 |
Cap 522A - REGISTERED DESIGNS RULES
request or notice of opposition as abandoned or withdrawn. | Section: | 50 | Service on Registrar of applications under section 66 of Ordinance | L.N. 38 of 2004; L.N. 40 of 2004 | 07/05/2004 |
ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
(SECTIONS 66, 67, 68, 70, 71, 72, 73, 75,
76 AND 77 OF ORDINANCE)
Register of designs - (1)
- Where application to the court is made under section 66 of the Ordinance for the rectification of the Register, the applicant shall forthwith serve a copy of the application on the Registrar. (L.N. 38 of 2004)
(2) The Registrar shall enter a notice of the application in the Register.
- (1)
- A request for the correction of an error in the Register under section 67 of the Ordinance shall be made on the specified form and shall clearly identify the proposed correction.
- (2)
- The Registrar shall advertise the fact of the request and the nature of the proposed correction in the official journal. (2 of 2001 s. 27)
- (3)
- If any person wishes to oppose the request, he shall, within 2 months from the date of the advertisement in the official journal, file a notice of opposition in the specified form setting out fully the grounds on which the opponent objects to the request and the facts on which he relies. (2 of 2001 s. 27; L.N. 38 of 2004)
- (4)
- The opponent shall, at the same time as he files the notice of opposition, send a copy of it to the person making the request. (L.N. 38 of 2004)
- (5)
- Within 3 months from the date of the sending of the copy of the notice of opposition under subsection (4), the person making the request shall file a counter-statement in the specified form setting out the grounds on which he relies as supporting his request and the facts, if any, alleged in the notice of opposition which he admits. (L.N. 38 of 2004)
- (6)
- The person making the request shall, at the same time as he files the counter-statement, send a copy of it to the opponent. (L.N. 38 of 2004)
| Section: | 51 | Correction of errors in Register | L.N. 38 of 2004; L.N. 40 of 2004 | 07/05/2004 |
(7) The Registrar may give such directions as he may think fit with regard to the subsequent procedure. | Section: | 52 | Inspection of Register | L.N. 38 of 2004; L.N. 40 of 2004 | 07/05/2004 |
Subject to sections 70 and 77 of the Ordinance and section 53, a person shall have the right to inspect the Register during the normal business hours of the Registry upon application made on the specified form.
(L.N. 38 of 2004) | Section: | 53 | Designs relevant for defence purposes | | 30/06/1997 |
Where the Registrar gives a direction under section 77(1) of the Ordinance, the representation of the design and any such evidence as is mentioned in section 77(2)(b) of the Ordinance shall not be open to public inspection in the Registry during the continuance in force of the directions. | Section: | 54 | Certificates and copies | | 30/06/1997 |
(1) Subject to sections 70 and 77 of the Ordinance, an application for a certified or uncertified copy of an entry in the Register or a certified or uncertified extract from the Register shall be made on the specified form and be accompanied by the applicable fee.
(2) Subject to sections 70 and 77 of the Ordinance, upon application made on the specified form and payment
Cap 522A - REGISTERED DESIGNS RULES
of the applicable fee, the Registrar may supply the person making the application with - (a)
- a certified copy of any representation or other document kept in the Registry or a certified extract from any such document;
- (b)
- a certificate for the purposes of section 65(2) of the Ordinance; or
- (c)
- an uncertified copy of any representation or other document kept in the Registry or an uncertified extract from any such document.
| Section: | 55 | Information and inspection of documents | L.N. 38 of 2004; L.N. 40 of 2004 | 07/05/2004 |
- (1)
- A request under section 70 of the Ordinance for information, or for permission to inspect documents, relating to an application for registration of a design or to a registered design shall be made on the specified form.
- (2)
- Subject to sections 70 and 77 of the Ordinance and subsections (4), (5), (5A) and (6), the Registrar shall permit the inspection of such documents relating to a registered design as are specified in the request. (L.N. 38 of 2004)
- (3)
- Subject to sections 70 and 77 of the Ordinance and subsections (4), (5), (5A) and (6), the Registrar shall permit the inspection of such documents relating to an application for registration of a design as are specified in the request if the person making the request files such evidence as proves to the satisfaction of the Registrar- (L.N. 38 of 2004)
- (a)
- that the owner or applicant (as the case may be) consents to the inspection; or
- (b)
- that section 70(4) of the Ordinance applies in respect of the request.
- (4)
- The Registrar shall not be obliged to permit the inspection of any document under this section before he has completed every procedure, or every stage in the procedure which is relevant to the document in question, which he is required or permitted to carry out under the Ordinance or these Rules. (L.N. 38 of 2004)
- (5)
- The right of inspection under this section does not apply to
- (a)
- any document prepared in the Registry solely for use therein;
- (b)
- any document sent to the Registry, whether at its request or otherwise, for inspection and subsequent return to the sender;
- (c)
- any request for information under subsection (1); or
- (d)
- any document issued by the Registry which the Registrar considers should be treated as confidential. (5A) The right of inspection under this section extends only to documents and information kept by the Registry.
(L.N. 38 of 2004) - (6)
- Nothing in this section shall be construed as imposing on the Registrar the duty of making available for public inspection
- (a)
- any document or part of a document which in his opinion disparages any person in a way likely to damage him; or
- (b)
- any document filed with or sent to the Registry before the day appointed for the commencement of the Ordinance.
- (1)
- The Registrar shall determine the form in which the records of the Registry are constituted and kept and may determine the period for which such records, or any document or other thing kept by the Registry, shall be kept and the circumstances in which they may be destroyed or otherwise disposed of.
- (2)
- Where the Registrar keeps a record of a document or other thing in a form that differs from that in which the document or thing was originally filed with, or originally generated by, the Registrar, the record of that document or thing shall be presumed, unless the contrary is shown, to accurately represent the information contained in the document or thing as originally filed or generated.
| Section: | 55A | Form in which the records of the Registry are kept, etc. | L.N. 38 of 2004; L.N. 40 of 2004 | 07/05/2004 |
(L.N. 38 of 2004) | Section: | 56 | Publication of business hours and business days of the Registry | L.N. 38 of 2004; L.N. 40 of 2004 | 07/05/2004 |
Any directions given by the Registrar under section 71 of the Ordinance specifying the hours of business or
business days of the Registry shall be posted in the Registry and published in the official journal.
(2 of 2001 s. 27; L.N. 38 of 2004)
| Section: | 57 | Publication and sale of documents | | 30/06/1997 |
The Registrar may arrange for the publication and sale of documents and information by the Registry. | Section: | 58 | Signature of documents by partnerships, etc. | L.N. 38 of 2004; L.N. 40 of 2004 | 07/05/2004 |
Filing and service of documents and related matters
(L.N.