Hong Kong Ordinances

REGISTERED DESIGNS ORDINANCE - SECT 5

New designs are registrable

PART II

REGISTRATION OF DESIGNS

Registrable designs

(1) Subject to this Ordinance, a design which is new may, upon application by
the person claiming to be the owner, be registered in respect of any article
or set of articles specified in the application.

(2) A design for which an application for registration is made shall not be
regarded as new if it is the same as-

   (a)  a design that has been registered in pursuance of a prior application,
        whether or not that design has been registered in respect of the same
        article for which the application is made or in respect of any other
        article; or

   (b)  a design that has been published in Hong Kong or elsewhere before the
        filing date of the application, whether or not that design has been
        published in respect of the same article for which the application is
        made or in respect of any other article, or if it differs from such a
        design only in immaterial details or in features which are variants
        commonly used in the trade.

(3) The Registrar may, in such cases as may be prescribed, direct that for the
purpose of deciding whether a design is new an application  for registration
shall be treated as made on a date earlier or later than that on which it was
in fact made.