What are designs?

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March 2, 2021
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What are designs?

Designs registered under the Registered Designs Ordinance (Cap. 522) protect the visible features of shape, configuration, pattern or ornament applied to an article, by any industrial process, which appeal to the eye.

Designs do not protect the functionality or operation of products. Protection for the way in which a product works may be available under patent law.

Registering a design is particularly important where you have a product that has a physical appearance or shape that makes it appealing or otherwise contributes to a buyer’s desire or preference for the product. 

Registering a design can also be important when a product’s shape or appearance contributes to its branding.

Registering your design ensures that a competitor cannot “free-ride” on your design by having a competing product that has the same or not substantially different shape or appearance.

If a competitor did so, the competitor would be infringing your registered design.  As a registered design owner, you can bring civil proceedings for infringement.

Source: https://www.ip.gov.hk/en/what-are-designs.html

Contact us to talk to our attorneys if you want to know more about your design right.