Hong Kong Ordinances

REGISTERED DESIGNS ORDINANCE - SECT 2

Interpretation

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) In this Ordinance, unless the context otherwise requires-

"application for registration" (註冊申請) means an application for 
registration of a design made under section 12;

"article" (物品) means any article of manufacture and includes any part of
an article if that part is made and sold separately;

"artistic work" (藝術作品) has the same meaning as in Part II of the
Copyright  Ordinance ( Cap 528); (Amended 92 of 1997 s. 280 & Schs. 2 & 3)

"assignee" (承讓人) includes the personal representative of a deceased
assignee, and references to the assignee of any person include references to
the assignee of the personal representative or assignee of that person;

"corresponding design" (相應外觀設計), in relation to an artistic work,
means a design which if applied to an article would produce something which
would be treated for the purposes of Part II of the Copyright Ordinance ( Cap 
528) as a copy of that work; (Amended 22 of 1999 s. 3)

"court" (法院) means the Court of First Instance; (Amended 25 of 1998 s. 2)

"design" (外觀設計) means features of shape, configuration, pattern or
ornament applied to an article by any industrial process, being features which
in the finished article appeal to and are judged by the eye, but does not
include-

   (a)  a method or principle of construction; or

   (b)  features of shape or configuration of an article which-

        (i)    are dictated solely by the function which the article has to
               perform; or

        (ii)   are dependent upon the appearance of another article of which
               the article is intended by the designer to form an integral
               part;

"designer" (設計人), in relation to a design, means the person who creates
it or, if there are 2 or more such persons, each of those persons;

"employee" (僱員) means a person who works or (where the employment has
ceased) worked under a contract of employment (whether with the Government or
with any other person);

"employer" (僱主), in relation to an employee, means the person by whom the
employee is or was employed;

"exclusive licence" (專用特許) means a licence from the registered owner
of a registered design conferring on the licensee, or on him and persons
authorized by him, to the exclusion of all other persons (including the
registered owner), any right in respect of the design that would otherwise
be exercisable exclusively by the registered owner, and "exclusive licensee"
(專用特許持有人) shall be construed accordingly;

"filing date" (提交日期), in relation to an application for registration,
means the date determined under section 14 as the filing date of the
application;

"official journal" (官方公報) means the publication for the time being
specified under section 84A as the official journal of record; (Added 2 of
2001 s. 20)

"owner" (擁有人) has the meaning assigned by section 3;

"Paris Convention" (《巴黎公約》) means the Convention for the
Protection of Industrial Property signed at Paris on 20 March 1883, as revised
or amended from time to time;

"Paris Convention country" (巴黎公約國) means-

   (a)  any country for the time being specified in the Schedule as being a
        country which has acceded to the Paris Convention;

   (b)  any territory or area subject to the authority or under the suzerainty
        of any country referred to in paragraph (a), or any territory or area
        administered by any such country, on behalf of which such country has
        acceded to the Paris Convention;

"prescribed" (訂明) means prescribed or provided for by the rules;

"priority date" (優先權日期), in relation to an
application for registration, means the date regarded as being the filing date
of the application pursuant to section 17; "protected layout-design
(topography)" (受保護的布圖設計 (拓樸圖)) has the meaning assigned
to that term by section 2(1) of the Layout-design (Topography) of 
Integrated Circuits Ordinance ( Cap 445);

"Register" (註冊紀錄冊) means the Register of Designs kept under this
Ordinance;

"registered design" (註冊外觀設計) means a design registered under
section 25;

"registered owner" (註冊擁有人), in relation to a registered design,
means the person whose name is for the time being entered in the Register as
the owner of the design or, if there are 2 or more such persons, each of those
persons;

"Registrar" (處長) means the Registrar of Designs;

"Registrar of Designs" (外觀設計註冊處處長) means the person holding
that office by virtue of the
Director of Intellectual Property (Establishment) Ordinance ( Cap 412);

"Registry" (註冊處) means the Designs Registry administered by the
Registrar;

"rules" (規則) means rules made by the Registrar under section 79, 80, 81 or
82, as the case may be;

"set of articles" (物品套件) means 2 or more articles of the same general
character that are ordinarily on sale together or intended to be used
together, to each of which the same design, or the same design with
modifications or variations not sufficient to alter the character or
substantially to affect the identity thereof, is applied;

"World Trade Organization Agreement" (《世界貿易組織協議》) means
the Agreement Establishing the World Trade Organization done at Marrakesh in
1994, as revised or amended from time to time;

"WTO member" (世界貿易組織成員) means any country, territory or area
for the time being specified in the Schedule as being a country, territory or
area which has acceded to the World Trade Organization Agreement.

(2) Unless the context otherwise requires, any reference in this Ordinance-

   (a)  to the filing of a document shall be construed as a reference to the
        filing of the document with the Registrar;

   (b)  to an article in respect of which a design is registered shall, in the
        case of a design registered in respect of a set of articles, be
        construed as a reference to any article of that set; or

   (c)  to the infringement of a design or registered design shall be
        construed as a reference to the infringement of any right in the
        design conferred by this Ordinance.

(3) The expressions listed in the left-hand column below are defined in, or
fall to be construed in accordance with, the provisions of this Ordinance
listed in the right-hand column in relation to those expressions. Expressions
Relevant provision Divisional application (分開申請) section 22(1) Formal
requirements (形式上的規定) section 24(4) Government use (政府徵用)
section 37(2) Kit (配套元件) section 31(5) Official international
exhibition (正式國際展覽) section 9(3) Regular national filing
(正規國家提交) section 15(4)

"application for registration" (註冊申請)

"article" (物品)

"artistic work" (藝術作品)

"assignee" (承讓人)

"corresponding design" (相應外觀設計)

"court" (法院)

"design" (外觀設計)

"designer" (設計人)

"employee" (僱員)

"employer" (僱主)

"exclusive licence" (專用特許)

"exclusive licensee" (專用特許持有人)

"filing date" (提交日期)

"official journal" (官方公報)

"owner" (擁有人)

"Paris Convention" (《巴黎公約》)

"Paris Convention country" (巴黎公約國)

"prescribed" (訂明)

"priority date" (優先權日期) "protected layout-design (topography)"
(受保護的布圖設計 (拓樸圖))

"Register" (註冊紀錄冊)

"registered design" (註冊外觀設計)

"registered owner" (註冊擁有人)

"Registrar" (處長)

"Registrar of Designs" (外觀設計註冊處處長)

"Registry" (註冊處)

"rules" (規則)

"set of articles" (物品套件)

"World Trade Organization Agreement" (《世界貿易組織協議》)

"WTO member" (世界貿易組織成員)