Hong Kong Ordinances

REGISTERED DESIGNS ORDINANCE - SECT 28

Period of registration

Duration of registration

(1) The initial period of registration of a design is 5 years beginning on the
filing date of the application for registration.

(2) The period of registration of a design may be extended for additional
periods of 5 years each but the total period of registration may not exceed 25
years beginning on the filing date of the application  for registration.

(3) If the owner of a registered design desires to renew the period of
registration for a further period of 5 years, the prescribed renewal fee shall
be paid before the end of the current period of registration but not earlier
than 3 months immediately preceding the end of the current period.

(4) If the renewal fee is not paid in accordance with subsection

(3), the registration of the design shall cease to have effect at the end of
the current period of registration.

(5) If during the period of 6 months immediately following the end of the
period specified in subsection (4) the renewal fee and any prescribed
additional fee are paid, the registration of the design shall be treated as if
it had never ceased to have effect, and accordingly-

   (a)  anything done under or in relation to any rights in or under the
        design by or with the consent of the owner during that period shall be
        deemed to be valid;

   (b)  an act which would have constituted an infringement of the design if
        the registration had not ceased to have effect shall be deemed to
        constitute such an infringement; and

   (c)  an act which would have constituted Government use of the design if
        the registration had not ceased to have effect shall be deemed to
        constitute Government use.