Hong Kong Ordinances

REGISTERED DESIGNS ORDINANCE - SECT 32

Nature of registered design

(1) A registered design is personal property and any registered  design, and
any right in or under it, may be transferred, created or granted in accordance
with subsections (2) to (7).

(2) Subject to section 33, any registered design, and any right in or under
it, may be assigned or mortgaged.

(3) A registered design shall vest by operation of law in the same way as any
other personal property and may be vested by an assent of personal
representatives.

(4) Subject to section 33, a licence may be granted under any
registered design for the use of the design and-

   (a)  to the extent that the licence so provides, a sub-licence may be
        granted under any such licence and any such licence or sub-licence may
        be assigned or mortgaged; and

   (b)  any such licence or sub-licence shall vest by operation of law in the
        same way as any other personal property and may be vested by an assent
        of personal representatives.

(5) Subsections (2) to (4) shall have effect subject to this Ordinance.

(6) Any of the following transactions, that is to say-

   (a)  any assignment or mortgage of a registered design or any right in or
        under it; or

   (b)  any assent relating to a registered design or any right in or under
        it, shall be void unless it is in writing and is signed by or on
        behalf of the assignor, mortgagor or party granting such assent as the
        case may be (or, in the case of an assent or other transaction by a
        personal representative, by or on behalf of the personal
        representative) or, in the case of a body corporate, is so signed or
        is under the seal of that body.

(7) An assignment of a registered design or a share in it, and an
exclusive licence granted under any registered design, may confer on the
assignee or licensee the right of the assignor or licensor to bring
proceedings by virtue of section 48 or to bring proceedings under section  40
for a previous act.