Hong Kong Ordinances

REGISTERED DESIGNS ORDINANCE - SECT 31

Rights conferred by registration

PART III

RIGHTS IN REGISTERED DESIGNS

(1) Subject to this Ordinance, the registration of a design under this
Ordinance gives to the registered owner the exclusive right-

   (a)  to make in Hong Kong or import into Hong Kong-

        (i)    for sale or hire; or

        (ii)   for use for the purpose of trade or business; or

   (b)  to sell, hire, or offer or expose for sale or hire in Hong Kong, any
        article in respect of which the design is registered and to which that
        design or a design not substantially different from it has been
        applied.

(2) The right in a registered design is infringed by any person who, without
the consent of the registered owner and while the registration is in force-

   (a)  does anything which by virtue of subsection (1) is the exclusive right
        of the registered owner;

   (b)  makes anything for enabling any article referred to in subsection (1)
        to be made in Hong Kong or elsewhere;

   (c)  does anything in relation to a kit that would constitute an
        infringement of the design if it had been done in relation to the
        assembled article; or

   (d)  makes anything for enabling a kit to be made or assembled, in Hong
        Kong or elsewhere, if the assembled article would be such an article
        as is referred to in subsection (1).

(3) The right conferred by the registration of a design does not extend to-

   (a)  acts done privately for non-commercial purposes; or

   (b)  acts done for the purpose of evaluation, analysis, research or
        teaching.

(4) The right in a registered design is not infringed by the reproduction of a
feature of the design which, by virtue of paragraph (b)
of the definition of "design" in section 2(1), is not taken into account for
the purpose of determining whether the design is registrable.

(5) In this section, "kit" (配套元件) means a complete or substantially
complete set of components intended to be assembled into an article. "kit"
(配套元件)