WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPIN/IIHKGill/l 
20 March 2000 
(00-1127) 
Original: English/ 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
HONG KONG, CHINA 
The present document reproduces the textI of the Registered Designs Ordinance, as notified 
by Hong Kong, China under Article 63.2 ofthe Agreement (see document IP/N/1/HKG/2). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETIt INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
HONG KONG, CHINE 
Le present document contient le texteI de l'Ordonnance sur les dessins et modeles enregistres, 
notifiee par Hong Kong, Chine au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/HKG/2). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
HONG KONG, CHINA 
En el presente documento se reproduce el textoI de la Orden sobre Dibujos y Modelos 
Registrados notificado por Hong Kong, China en virtud del parrafo 2 del articulo 63 del Acuerdo 
(vease el documento IP/NIl/HKG/2). 
I In English only.lEn anglais seulement.lEn ingles solamente. IJ>~/1/lIFC(J/l)/1 
J>age 2 
Chapter: 522 Title: 
Heading: REGISTERED DESIGNS 
ORDINANCE 
Long title Gazette Number: 
Version Date: 30106/1997 
An Ordinance to make new provision in respect of registered design right and related matters in substitution 
for the United Kingdom Designs (Protection) Ordinance. 
[27 June 1997] L.N. 368 of 1997 
(Originally 64 of 1997) 
Chapter: 522 Title: 
Section: 1 Heading: REGISTERED DESIGNS 
ORDINANCE 
Short title 
PART I 
PRELIMINARY Gazette Number: 
Version Date: 
(1) This Ordinance may be cited as the Registered l)esigns Ordinance. 
(2) (Omitted as spent) 30/06/1997 Chapter: 522 
Section: 2 
Remarks: Title: 
Heading: REGISTERED DESIGNS 
ORDINANCE 
Interpretation II>~/l/lIlC(J/l)/1 
I>age 3 
Gazette Number: 25 of 1998 ; 22 
of1999 
Version Date: 01107/1997 
Amendments retroactively made -see 25 of 1998 s. 2; 22 of 1999 s. 3 
(1) In this Ordinance, unless the context otherwise requires-
"application for registration" means an application for registration of a design made under 
section 12; 
"article" means any article of manufacture and includes any part of an article if that part is made 
and sold separately; 
"artistic work" has the same meaning as in I>art 1I of the Copyright Ordinance (Cap 528); 
(Amended 92 of 1997 s. 280 & Schs. 2 & 3) 
"assignee" includes the personal representative of a deceased assignee, and references to the 
assignee of any person include references to the assignee of the personal representative or assignee of 
that person; 
"corresponding design", in relation to an artistic work, means a design which if applied 
to an article would produce something which would be treated for the purposes of Part II of the 
Copyright Ordinance (Cap 528) as a copy of that work; (Amended 22 of 1999 s. 3) 
"court" means the Court of First Instance; (Amended 25 of 1998 s. 2) 
"design" means features of shape, configuration, pattern or ornament applied to an article by 
any industrial process, being features which in the finished article appeal to and are judged by the eye, 
but does not include-
(a) a method or principle of construction; or 
(b) features of shape or configuration of an article which-
(i) are dictated solely by the function which the article has to perform; or 
(ii) are dependent upon the appearance of another article of which the article is intended 
by the designer to form an integral part; 
"designer", in relation to a design, means the person who creates it or, if there are 2 or more 
such persons, each of those persons; 
"employee" means a person who works or (where the employment has ceased) worked under a 
contract of employment (whether with the Government or with any other person); 
"employer", in relation to an employee, means the person by whom the employee is or was 
employed; 
"exclusive licence" means a licence from the registered owner of a registered design 
conferring on the licensee, or on him and persons authorized by him, to the exclusion of all other 
persons (including the registered owner), any right in respect of the design that would otherwise be 
exercisable exclusively by the registered owner, and "exclusive licensee" shall 
be construed accordingly; 
"filing date", in relation to an application for registration, means the date determined under 
section 14 as the filing date of the application; 
"owner" has the meaning assigned by section 3; 
"I>aris Convention" means the Convention for the I>rotection of Industrial Property 
signed at I>aris on 20 March 1883, as revised or amended from time to time; 
"I>aris Convention country" means-
(a) any country for the time being specified in the Schedule as being a country which has 
acceded to the I>aris Convention; 
(b) any territory or area subject to the authority or under the suzerainty of any country referred 
to in paragraph (a), or any territory or area administered by any such country, on behalf of 
which such country has acceded to the I>aris Convention; 
"prescribed" means prescribed or provided for by the rules; 
"priority date", in relation to an application for registration, means the date regarded as IP/NI1/HKG/DI 1 
Page 4 
being the filing date of the application pursuant to section 17; 
"protected layout-design (topography)" has the meaning assigned to 
that term by section 2(1) of the Layout-design (Topography) of Integrated Circuits Ordinance (Cap 
445); 
"Register" means the Register of Designs kept under this Ordinance; 
"registered design" means a design registered under section 25; 
"registered owner", in relation to a registered design, means the person whose name is for 
the time being entered in the Register as the owner of the design or, if there are 2 or more such 
persons, each of those persons; 
"Registrar" means the Registrar of Designs; 
"Registrar of Designs" means the person holding that office by virtue of the 
Director ofIntellectual Property (Establishment) Ordinance (Cap 412); 
"Registry" means the Designs Registry administered by the Registrar; 
"rules" means rules made by the Registrar under section 79, 80, 81 or 82, as the case may be; 
"set of articles" means 2 or more articles of the same general character that are ordinarily on 
sale together or intended to be used together, to each of which the same design, or the same design 
with modifications or variations not sufficient to alter the character or substantially to affect the 
identity thereof, is applied; 
"World Trade Organization Agreement" means the Agreement Establishing 
the World Trade Organization done at Marrakesh in 1994, as revised or amended from time to time; 
"WTO member" means any country, territory or area for the time being specified 
in the Schedule as being a country, territory or area which has acceded to the World Trade 
Organization Agreement. 
(2) Unless the context otherwise requires, any reference in this Ordinance-
(a) to the filing of a document shall be construed as a reference to the filing of the document 
with the Registrar; 
(b) to an article in respect of which a design is registered shall, in the case of a design registered 
in respect of a set of articles, be construed as a reference to any article of that set; or 
(c) to the infringement of a design or registered design shall be construed as a reference to the 
infringement of any right in the design conferred by this Ordinance. 
(3) The expressions listed in the left-hand column below are defined in, or fall to be construed in 
accordance with, the provisions of this Ordinance listed in the right-hand column in relation to those 
expressions. 
Expressions 
Divisional application 
Formal requirements 
Government use 
Kit 
Official international exhibition 
Regular national filing Relevant provision 
section 22(1) 
section 24(4) 
section 37(2) 
section 31(5) 
section 9(3) 
section 15(4) Chapter: 522 Title: 
Section: 3 Heading: REGISTERED DESIGNS 
ORDINANCE 
Ownership of designs Gazette Number: 
Version Date: IJ>~/l/lI}CCi/I>/l 
J>age 5 
30/0611997 
(1) Subject to subsections (2) to (5), the designer of a design shall be treated for the purposes of this 
Ordinance as the original owner of the design. 
(2) Where a design is created in pursuance of a commission for money or money's worth, the person 
commissioning the design shall, subject to any contrary agreement between the parties, be treated as the 
original owner of the design. 
(3) Where, in a case not falling within subsection (2), a design is created by an employee in the 
course of his employment, his employer shall, subject to any contrary agreement between the parties, be 
treated as the original owner of the design. 
(4) Where a design, or the right to apply a design to any article, becomes vested, whether by 
assignment, transmission or operation of law, in any person other than the original owner, either alone or 
jointly with the original owner, that other person or, as the case may be, the original owner and that other 
person, shall be treated for the purposes of this Ordinance as the owner of the design or as the owner of the 
design in relation to that article. 
(5) In the case of a design generated by computer in circumstances such that there is no human 
designer, the person by whom the arrangements necessary for the creation of the design are made shall be 
deemed to be the designer. 
Chapter: 522 
Section: 4 Title: 
Heading: REGISTERED DESIGNS 
ORDINANCE 
Ordinance binds 
Government Gazette Number: 
Version Date: 30/0611997 
Subject to J>art IV, this Ordinance binds the Ciovemment. 
Chapter: 522 
Section: 5 Title: 
Heading: REGISTERED DESIGNS 
ORDINANCE Gazette Number: 
New designs are registrable Version Date: 
J>ART 11 
RECiISTRATION OF I>ESICiNS 
Registrable designs 30/0611997 
(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. IP/N/lIHKG/DIl 
Page 6 
Chapter: 522 
Section: 6 Title: 
Heading: REGISTERED DESIGNS Gazette Number: 
ORDINANCE 
Designs are not registrable Version Date: 30106/1997 
if appearance of article is 
not material 
A design is not registrable in respect of an article if the appearance of the article is not material, that is, 
if aesthetic considerations are not normally taken into account to a material extent by persons acquiring or . 
using articles of that description, and would not be so taken into account if the design were to be applied to 
the article. 
Chapter: 522 Title: 
Section: 7 Heading: REGISTERED DESIGNS 
ORDINANCE Gazette Number: 
Designs contrary to public Version Date: 
order ("ordre public") or 
morality are not registrable 30/0611997 
(1) Subject to subsection (2), a design the publication or use of which would be contrary to public 
order ("ordre public") or morality is not registrable. 
(2) The publication or use of a design shall not be considered to be contrary to public order ("ordre 
public") merely because it is prohibited by any law in force in Hong Kong. 
Chapter: 522 Title: 
Section: 8 Heading: REGISTERED DESIGNS 
ORDINANCE Gazette Number: 
Computer programs, Version Date: 
protected layout-designs 
(topographies) and designs 
for articles of a primarily 
literary or artistic 
character 3010611997 
(1) Computer programs and protected layout-designs (topographies) are not registrable. 
(2) Provision may be made by rules for excluding from registration under this Ordinance designs for 
such articles of a primarily literary or artistic character as the rules may specify. Chapter: 522 Title: 
Section: 9 Heading: REGISTERED DESIGNS 
ORDINANCE Gazette Number: 
Provisions as to confidential Version Date: 
disclosure, etc. IP/N/1/HKG/DIl 
Page 7 
30/0611997 
(1) An application for the registration of a design shall not be refused, and the registration of a design 
shall not be invalidated, by reason only of-
(a) the disclosure of the design by the owner to any other person in such circumstances as 
would make it contrary to good faith for that other person to use or publish the design; 
(b) the disclosure of the design in breach of good faith by any person other than the owner of 
the design; 
(c) in the case of a new or original textile design intended for registration, the acceptance of a 
first and confidential order for goods bearing the design; or 
(d) the communication of the design by the owner to a government department or to any person 
authorized by a government department to consider the merits of the design, or of anything 
done in consequence of such a communication. 
(2) An application for the registration of a design shall not be refused, and the registration of a design 
shall not be invalidated, by reason only-
(a) that a representation of the design, or any article to which the design has been applied, has 
been displayed, with the consent of the owner of the design, at an official international 
exhibition; 
(b) that after any such display as is mentioned in paragraph (a), and during the period of the 
exhibition, a representation of the design, or any article to which the design has been 
applied, has been displayed by any person without the consent of the owner; or 
(c) that a representation of the design has been published in consequence of any such display as 
is mentioned in paragraph (a), 
if the application for registration of the design is made not later than 6 months after the opening of the 
exhibition. 
(3) In this section, "official international exhibition" means an official, or 
officially recognized, international exhibition falling within the terms of the Convention on International 
Exhibitions signed at Paris on 22 November 1928, and any protocols to that Convention, as revised or 
amended from time to time. II>~/l/lIFCCJ/l)/l 
I>age 8 
Chapter: 522 Title: REGISTERED DESIGNS Gazette Number: 
ORDINANCE 
Section: 10 Heading: Provisions as to artistic Version Date: 3010611997 
works 
(1) Subject to subsection (2), where an application is made by or with the consent of the owner of 
copyright in an artistic work for the registration of a corresponding design, the design shall not be treated for 
the purposes of this Ordinance as being other than new by reason only of any use previously made of the 
artistic work. 
(2) Subsection (1) does not apply if the previous use consisted of or included the sale, letting for hire, 
or offer or exposure for sale or hire of articles to which had been applied industrially-
(a) the design in question; or 
(b) a design differing from it only in immaterial details or in features which are variants 
commonly used in the trade, 
and that previous use was made by or with the consent of the copyright owner. . 
(3) I>rovision may be made by rules as to the circumstances in which a design is to be regarded for 
the purposes of this section as "applied industrially" to articles or any description of articles. 
Chapter: 522 Title: 
Section: 11 Heading: REGISTERED DESIGNS 
ORDINANCE Gazette Number: 
Provisions as to Version Date: 
registration of same design 
in respect of other articles, 
etc. 30106/1997 
(1) Where the registered owner of a design registered in respect of any article makes an application­
(a) for registration in respect of 1 or more other articles, of the registered design; or 
(b) for registration in respect of the same or 1 or more other articles, of a design consisting of 
the registered design with modifications or variations not sufficient to alter the character or 
substantially affect the identity thereof, 
the application shall not be refused, and the registration made on the application shall not be invalidated, by 
reason only of the previous registration or publication of the registered design. 
(2) Where any person makes an application for the registration of a design in respect of any article 
and either-
(a) the design has been previously registered by another person in respect of some other article; 
or 
(b) the design to which the application relates consists of a design previously registered by 
another person in respect of the same or some other article with modifications or variations 
not sufficient to alter the character or substantially affect the identity thereof, 
then, if at any time while the application is pending the applicant becomes the registered owner of the design 
previously registered, subsection (1) shall apply as if at the time of making the application the applicant had 
been the registered owner of that design. Chapter: 522 Title: 
Section: 12 Heading: REGISTERED DESIGNS 
ORDINANCE 
Applications for 
registration 
Applications for registration IJ>~/I/lIFC(J/l)/1 
J>age 9 
Gazette Number: 
Version Date: 30106/1997 
(1) An application for registration of a design shall be filed with the Registrar in the prescribed 
manner. 
(2) The application shall include-
(a) a request for registration of the design; 
(b) a representation of the design suitable for reproduction; 
(c) the name and address of the applicant; 
(d) where the applicant is not the designer, a statement explaining the applicant's rights in 
relation to the design; 
(e) an address in Hong Kong for service of documents; and 
(t) such other information, documents or matter as may be required by the rules. 
(3) The application may include such other information, documents or matter as may be authorized 
by the rules. 
(4) The application shall be filed in one of the official languages and shall also comply with the 
requirements of this Ordinance and the rules as to the provision of information in, or the translation of 
documents into, one or both of the official languages. 
(5) The application shall be accompanied by the prescribed filing fee and the prescribed 
advertisement fee. 
Chapter: 522 Title: 
Section: 13 Heading: REGISTERED DESIGNS 
ORDINANCE 
Multiple applications Gazette Number: 
Version Date: 30106/1997 
Two or more designs may be the subject of the same application for registration if the designs­
(a) relate to the same prescribed class of articles or to the same set of articles; and 
Chapter: 
Section: (b) comply with any prescribed conditions. 
522 Title: 
14 Heading: REGISTERED DESIGNS 
ORDINANCE 
Filing date Gazette Number: 
Version Date: 30106/1997 
The filing date of an application for registration of a design is the earliest date on which-
(a) documents containing everything required by section 12(2)(a) to (c) are filed; and 
(b) the fees required by section 12(5) are paid. IP/N/lIHKG/DIl 
Page 10 
Chapter: 522 
Section: 15 Title: 
Heading: REGISTERED DESIGNS 
ORDINANCE 
Priority right Gazette Number: 
Version Date: 30/06/1997 
(1) A person or his successor in title who has duly filed an application for registration of a design in, 
or in respect of, a Paris Convention country or WTO member shall enjoy, for the purpose of registering the 
same design under this Ordinance in respect of any or all of the same articles, a right of priority for the 
period of 6 months after the filing date of the first application, subject to compliance with any prescribed 
conditions. 
(2) Any filing of an application for registration of a design in, or in respect of, a Paris Convention 
country or WTO member which is equivalent to a regular national filing under the law of that Paris 
Convention country or WTO member, or under any bilateral or multilateral agreement to which it is a party, 
shall be recognized as giving rise to a right of priority. 
(3) A subsequent application for the registration of a design that was the subject of a previous 
application, and that is filed in or in respect of the same Paris Convention country or WTO member, shall 
be considered as the first application for the purpose of determining priority if, and only if, on the filing date 
of the subsequent application, the previous application has been withdrawn, abandoned or refused, without 
being open to public inspection and without leaving any rights outstanding, and has not served as a basis for 
claiming a right of priority. 
(4) In this section, "regular national filing" means any filing of an application for 
registration of a design in, or in respect of, a Paris Convention country or WTO member that establishes the 
date on which the application was filed, whatever the outcome of the application may be. 
Chapter: 522 Title: 
Section: 16 Heading: REGISTERED DESIGNS 
ORDINANCE 
Claiming priority Gazette Number: 
Version Date: 30/0611997 
(1) An applicant who desires to take advantage of the priority of a previous application shall file with 
the Registrar in the prescribed manner a statement of priority and a copy of the previous application. 
(2) Where a statement of priority is filed in accordance with this section, the applicant shall for the 
purposes of proceedings before the Registrar be deemed to be entitled to enjoy the right of priority shown in 
the statement. 
Chapter: 522 Title: 
Section: 17 Heading: REGISTERED DESIGNS 
ORDINANCE 
Effect of priority right Gazette Number: 
Version Date: 30/0611997 
(1) The right of priority shall have the effect that the filing date of the previous application claimed 
under section 16 shall be regarded as being the filing date of the application for registration under this 
Ordinance for the purpose of determining whether the design in question is new. 
(2) Subsection (1) shall not be construed as excluding the power to give directions under section 5(3) 
in relation to the application for registration under this Ordinance. 
(3) Where an application for registration of a design is filed under this Ordinance and the priority of a 
previous application is claimed under section 16, then, notwithstanding anything contained in this Ordinance, 
the application shall not be refused and the registration of the design under this Ordinance shall not be 
invalidated by reason only of the fact that the previous application has been published at any time after the 
filing date of the previous application. Chapter: 522 Title: 
Section: 18 Heading: IP /N/lIHKG/DIl 
Page 11 
REGISTERED DESIGNS 
ORDINANCE Gazette Number: 
Withdrawal of applications Version Date: 30106/1997 
(1) An applicant may withdraw his application for registration of a design by filing a notice of 
withdrawal with the Registrar before the date on which preparations for publication under section 25 have 
been completed, as determined by the Registrar. 
(2) A notice under this section shall be-
(a) made in writing; and 
(b) filed in the prescribed manner. 
(3) Where a notice is filed in accordance with this section, the application shall be deemed 
withdrawn. 
(4) A notice filed in accordance with this section is irrevocable. 
Chapter: 522 Title: 
Section: 19 Heading: REGISTERED DESIGNS 
ORDINANCE 
Effect of withdrawal Gazette Number: 
Version Date: 30106/1997 
Where an application for registration of a design is deemed by any provision of this Ordinance to have 
been withdrawn, the following provisions shall apply-
Chapter: 
Section: (a) the applicant shall continue to enjoy the right of priority under section 17 which he enjoyed 
immediately before the withdrawal; and 
(b) no other right may be claimed under this Ordinance in relation to the application. 
522 Title: REGISTERED DESIGNS Gazette Number: 
ORDINANCE 
20 Heading: Reinstatement of Version Date: 30106/1997 
applications deemed 
withdrawn 
(1) Where an application for registration of a design is deemed to have been withdrawn following the 
applicant's failure to comply with a time limit under this Ordinance (including any time limit set by the 
Registrar) and the applicant has by notice filed with the Registrar requested reinstatement of the application, 
then-
(a) any deemed withdrawal of the application that occurred as a direct conseqll:ence of the 
failure to comply shall be deemed to be of no effect and the application shall be treated for 
the purposes of proceedings under this Ordinance as if there had been no such failure; and 
(b) any right or means of redress lost by the applicant as a direct consequence of the failure to 
comply shall be restored to the applicant. 
(2) A notice under this section shall be-
(a) made in writing; and 
(b) filed in the prescribed manner within 1 month after such deemed withdrawal. 
(3) A notice under this section shall be deemed not to have been filed until the omission which 
constituted the failure to comply with the time limit has been made good. 
Chapter: 522 Title: REGISTERED DESIGNS Gazette Number: 
ORDINANCE 
Section: 21 Heading: Amendment of applications Version Date: 30106/1997 
(1) The Registrar may amend an application for registration of a design on request made to him by 
the applicant in the prescribed manner. 
(2) An application for registration of a design shall not be amended under subsection (1) if, as a result 
of the amendment, the scope of the application would be increased by the inclusion of any matter that was 
not in substance disclosed in the application initially filed. IP/N/1/HKG/DIl 
Page 12 
Chapter: 522 
Section: 22 Title: 
Heading: REGISTERED DESIGNS 
ORDINANCE 
Division of applications 
after amendment Gazette Number: 
Version Date: 3010611997 
(1) Where a request for amendment of an application for registration of a design has been granted 
under section 21, and the amendment has the effect of excluding one or more designs from the application 
initially filed, the applicant may at any time while the initial application is pending make a further application, 
referred to in this section as a "divisional application", for registration of the design or designs so excluded. 
(2) A divisional application shall be entitled to the filing date and the priority date, if any, of the initial 
application. 
Chapter: 522 Title: 
Section: 23 Heading: 
Expanded Cross Reference: 
32,33,34 REGISTERED DESIGNS 
ORDINANCE 
Rights in applications Gazette Number: 
Version Date: 30106/1997 
(1) The provisions of sections 32 to 34 (which relate to rights in registered designs) apply, with 
necessary modification, in relation to an application for registration of a design as they apply in relation to a 
registered design. <* Note-Exp. x-Ref: Sections 32, 33, 34 *> 
(2) In section 33, as it applies in relation to an application for registration of a design, the reference in 
subsection (1) to the registration of a design shall be construed as a reference to the making of the 
application. 
(3) In section 34, as it applies in relation to a transaction, instrument or event affecting an application 
for registration of a design, the references to the registration of particulars, and to the making of an 
application for the registration of particulars, shall be construed as a reference to the giving of written notice 
to the Registrar of those particulars. 
Chapter: 522 Title: 
Section: 24 Heading: REGISTERED DESIGNS 
ORDINANCE Gazette Number: 
Examination of applications Version Date: 
Examination and registration 30106t1997 
(1) If an application for registration of a design has been accorded a filing date under section 14 and 
has not been withdrawn, the Registrar shall examine the application to determine whether it satisfies the 
formal requirements. 
(2) Where the Registrar determines that there are deficiencies as regards the formal requirements, he 
shall notify the applicant and give him an opportunity to correct the deficiencies within the prescribed 
period. 
(3) If any deficiencies as regards the formal requirements are not corrected within the prescribed 
period, the application shall be deemed to be withdrawn. 
(4) In this Ordinance, "formal requirements" means such requirements of 
section 12 and of any rules made for the purposes of that section as are specified in the rules as being the 
formal requirements. Chapter: 522 Title: 
Section: 25 Heading: REGISTERED DESIGNS 
ORDINANCE 
Registration and 
publication Gazette Number: 
Version Date: IPINIlIHKGIDIl 
Page 13 
3010611997 
If on an examination by the Registrar under section 24 an application for registration of a design is 
found to have satisfied the formal requirements, then as soon as practicable after such examination, but 
subject to section 26, the Registrar shall-
Chapter: 
Section: (a) register the design by entering the prescribed particulars in the Register; 
(b) enter the name of the applicant, or the successor in title to the application, in the Register as 
the owner of the design; 
(c) issue a certificate of registration to the person who is the registered owner of the design at 
the time the design is registered; and 
(d) advertise the fact of such registration and publish a representation of the design by notice in 
the Gazette. 
522 Title: 
26 Heading: REGISTERED DESIGNS 
ORDINANCE 
Refusal of applications Gazette Number: 
Version Date: 30/0611997 
(1) The Registrar may refuse an application for registration of a design if, after an examination by 
him under section 24 and after giving the applicant the opportunity to correct any deficiencies as provided 
for in that section, he determines-
(a) that the application does not satisfY the formal requirements; or 
(b) that, on the face of the application, the design is not new or is not registrable for any other 
reason. 
(2) The Registrar shall give notice of any such refusal to the applicant. 
(3) Where the Registrar refuses an application for registration of a design under this section, the 
following provisions shall apply-
Chapter: 
Section: (a) the applicant shall continue to enjoy the right of priority under section 16 which he enjoyed 
immediately before such refusal; and 
(b) no other right may be claimed under this Ordinance in relation to the application. 
522 Title: 
27 Heading: REGISTERED DESIGNS 
ORDINANCE 
Formality examination Gazette Number: 
Version Date: 30/0611997 
Except as expressly provided to the contrary, nothing in this Ordinance shall be construed as imposing 
any obligation upon the Registrar to consider or have regard to, for the purpose of determining whether to 
accept an application for registration of a design, any question as to-
(a) the registrability of the design; 
(b) whether the applicant is entitled to any priority claimed in the application; or 
(c) whether the design is properly represented in the application. IP/N/lIHKGIDIl 
Page 14 
Chapter: 522 Title: 
Section: 28 Heading: REGISTERED DESIGNS 
ORDINANCE 
Period of registration 
Duration of registration Gazette Number: 
Version Date: 30106/1997 
(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-
Chapter: 
Section: Ca) 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. 
522 Title: REGISTERED DESIGNS Gazette Number: 
ORDINANCE 
29 Heading: Exceptions- related to Version Date: 30/06/1997 
artistic works, etc. 
(1) Where it is shown that a registered design-
(a) was at the time it was registered a corresponding design in relation to an artistic work in 
which copyright subsists; or 
(b) by reason of a previous use of that work would not have been registrable but for section 
10(1 ), 
then, notwithstanding section 28, the period of registration of the design expires when the copyright in that 
work expires, if that is earlier than the time at which it would otherwise expire, and it may not thereafter be 
renewed. 
(2) Notwithstanding section 28, the period of registration of a design registered by virtue of section 
11 (1) shall not extend beyond the end of the period of registration, and any extended period of registration, 
of the original registered design. 
Chapter: 522 Title: REGISTERED DESIGNS Gazette Number: 
ORDINANCE 
Section: 30 Heading: Surrender of registration Version Date: 30/06/1997 
(1) The registration of a design may be surrendered by the registered owner in respect of any or all 
of the articles for which the design is registered. 
(2) Provision may be made by rules-
(a) as to the manner and effect of a surrender; and 
(b) for protecting the interest of other persons having a right in the design. Chapter: 522 
Section: 31 Title: 
Heading: REGISTERED DESIGNS 
ORDINANCE 
Rights conferred by 
registration 
PART III 
RIGHTS IN REGISTERED DESIGNS IPIN/1/HKG/DIl 
Page 15 
Gazette Number: 
Version Date: 3010611997 
(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" means a complete or substantially complete set of components 
intended to be assembled into an article. IP/N/1/HKG/DIl 
Page 16 
Chapter: 522 Title: 
Section: 32 Heading: REGISTERED DESIGNS 
ORDINANCE Gazette Number: 
Nature of registered design Version Date: 30/0611997 
(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. 
Chapter: 522 
Section: 33 Title: 
Heading: REGISTERED DESIGNS 
ORDINANCE Gazette Number: 
Co-ownership of registered Version Date: 
designs 30106/1997 
(1) Subject to any agreement to the contrary, where there is more than one registered_owner of a 
registered design, each of them shall be entitled to an equal undivided share in the design. 
(2) Subject to this section and to any agreement to the contrary, where there is more than one 
registered owner of a registered design, each of them shall be entitled, by himself or his agent, to do in 
respect of the design concerned, for his own benefit and without the consent of or the need to account to 
any other registered owner, any act which would apart from this subsection and section 37 constitute an 
infringement of the design concerned; and any such act shall be deemed not to constitute an infringement of 
the design concerned. 
(3) Subject to section 41 and to any agreement to the contrary, where there is more than one 
registered owner of a registered design, no registered owner shall, without the consent of each of the others, 
grant a licence under the design or assign or mortgage a share in it. 
(4) Nothing in subsection (1) or (2) shall affect the mutual rights or obligations of trustees or of the 
personal representatives of a deceased person, or their rights or obligations as such. Chapter: 522 Title: 
Section: 34 Heading: If>~/l/lIlC(J/l)/l 
f>age 17 
REGISTERED DESIGNS 
ORDINANCE Gazette Number: 
Transactions affecting Version Date: 30/06/1997 
rights in registered designs 
(1) Any person who claims to have acquired any right in or under a registered design by virtue of any 
transaction, instrument or event to which this section applies shall be entitled as against any other person 
who claims to have acquired that right by virtue of an earlier transaction, instrument or event to which this 
section applies if, at the time of the later transaction, instrument or event-
(a) application has not been made for the registration of particulars concerning the earlier 
transaction, instrument or event; and 
(b) the person claiming under the later transaction, instrument or event did not know of the 
earlier transaction, instrument or event. 
(2) Subsection (1) shall apply equally to the case where any person claims to have acquired any right 
in or under a registered design by virtue of a transaction, instrument or event to which this section applies, 
and that right is incompatible with any such right acquired by virtue of an earlier transaction, instrument or 
event to which this section applies. 
(3) This section applies to the following transactions, instruments and events­
(a) the assignment of a registered design or a right in or under it; 
Chapter: 
Section: (b) the mortgage of a registered design or the granting of security over it; 
(c) the grant or assignment of a licence or sub-licence or mortgage of a licence or sub-licence 
under a registered design; 
(d) the death of the registered owner or one of the registered owners of a registered design or 
any person having a right in or under a registered design and the vesting by an assent of 
personal representatives of a registered design or any such right; and 
(e) any order or directions of a court or other competent authority transferring a registered 
design or any right in or under it to any person and the event by virtue of which the court or 
authority had power to make any such order or give any such directions. 
522 Title: 
35 Heading: REGISTERED DESIGNS 
ORDINANCE Gazette Number: 
Rights of third parties to Version Date: 
continue use of registered 
designs 30106/1997 
(1) A person who in Hong Kong before the filing date of an application for registration of a design­
(a) does in good faith an act which would have constituted an infringement of the-design if it 
had been registered at the time the act is done; or 
(b) makes in good faith effective and serious preparations to do such an act, 
has the rights specified in subsection (2). 
(2) The rights referred to in subsection (1) are-
(a) the right to continue to do or, as the case may be, to do the act referred to in subsection (1); 
(b) if such act was done, or such preparations had been made, by an individual in the course of 
a business-
(i) the right to assign the right to do the act or to transmit such right on death; and 
(ii) the right to authorize the doing of the act by any of his partners for the time being in 
the business in the course of which the act was done or the preparations had been 
made; and 
(c) if such act was done, or such preparations had been made, by a body corporate in the 
course of a business, the right to assign the right to do the act or to transmit such right on 
the body's dissolution, 
and the doing of such act by virtue of this subsection shall not constitute an infringement of the design 
concerned. 
(3) The rights specified in subsection (2) shall not include the right to grant a licence to any person to 
do an act referred to in subsection (1). 
(4) Where an article is disposed of to another person in exercise of a right conferred by subsection 
(2), that other person and any person claiming through him may deal with the article in the same way as if it 
had been disposed of by the owner of the design concerned. IPIN/1IHKGIDI 1 
Page 18 
Chapter: 522 
Section: 36 Title: 
Heading: 
Expanded Cross Reference: 
37,38,39 
Remarks: REGISTERED DESIGNS 
ORDINANCE 
Declaration of extreme 
urgency 
Amendments retroactively made -see 22 of 1999 s. 3 
PART IV Gazette Number: 22 of 1999 
Version Date: 01107/1997 
GOVERNMENT USE OF REGISTERED DESIGNS 
The Chief Executive in Council may, for the purposes of applying sections 37 to 39 by regulation 
declare a period of extreme urgency whenever he considers it to be necessary or expedient in the public 
interest for the maintenance of supplies and services essential to the life of the community or for securing 
sufficient supplies and services essential to the life of the community. <* Note -Exp. X-Ref.: Sections 37, 
38,39 *> 
Chapter: 522 Title: 
Section: 37 Heading: 
Expanded Cross Reference: 
38,39,40 
Remarks: REGISTERED DESIGNS 
ORDINANCE 
Government use of 
registered designs 
Amendments retroactively made -see 22 of 1999 s. 3 (Amended 22 of 1999 s. 3) 
Gazette Number: 22 of 1999 
Version Date: 0110711997 
(1) During a period of declared extreme urgency a public officer authorized in writing by the Chief 
Executive or any person authorized in writing by such public officer may in relation to a registered design, 
without the consent of the registered owner, do any act in Hong Kong in relation to the design as appears to 
the public officer or person to be necessary or expedient in connection with the urgency giving rise to the 
declaration under section 36. (Amended 22 of 1999 s. 3) 
(2) Any act done in relation to a registered design by virtue of this section is in this Ordinance 
referred to as use, or Government use, of the design; and "use" in sections 38 to 40 shall be construed 
accordingly. <* Note -Exp. x-Ref: Sections 38, 39,40 *> 
(3) Government use may include any act which, apart from this section, would constitute an 
infringement of the registered design concerned. 
(4) Any Government use of a registered design shall be made on such terms as may be agreed by the 
Government and the registered owner or as may in default of agreement be determined by the court on a 
reference under section 40. 
(5) The authority of a public officer in respect of a registered design may be given to any person 
under subsection (1) either before or after the design is registered and may be given to any person whether 
or not that person is authorized directly or indirectly by the registered owner to do anything in relation to the 
design. 
(6) Where any Government use of a registered design is made by or with the authority of a public 
officer under this section, the public officer shall notify the registered owner as soon as practicable after the 
use is begun, and furnish him with such information as to the extent of the use as he may from time to time 
require. 
(7) A person acquiring anything disposed of in the exercise of powers conferred by this section, and 
any person claiming through him, may deal with it in the same manner as if the rights in the registered design 
were held on behalf of the Government. 
(8) Subsection (1) is without prejudice to any rule of law relating to the confidentiality of 
information. Chapter: 522 Title: 
Section: 38 Heading: REGISTERED DESIGNS 
ORDINANCE 
Rights of third parties IP/N/1/HKG/DIl 
Page 19 
Gazette Number: 
Version Date: 30/0611997 
(1) The provisions of any licence, assignment or agreement specified in subsection (3) are of no 
effect in relation to-
. (a) any Government use of a registered design by a public officer, or a person authorized by a 
public officer, by virtue of section 37; or 
(b) anything done for Government use in respect of a registered design by the registered Owner 
to the order of a public officer, 
so far as those provisions-
(i) restrict or regulate the use of the design or any model, document or information relating to 
it; or 
(ii) provide for the making of payments in respect of, or calculated by reference to, such use. 
(2) The reproduction or publication of any model or document in connection with a use referred to in 
subsection (1) shall be deemed not to constitute an infringement of any copyright or protected layout-design 
(topography) subsisting in the document. 
(3) The licence, assignment or agreement referred to in subsection (1) is any licence, assignment or 
agreement which is made, whether before or after the date of commencement of this Ordinance, between­
(a) the registered owner of the registered design or anyone who derives title from him or from 
whom he derives title; and 
(b) any person other than the Government. 
(4) Where an exclusive licence granted otherwise than for royalties or other benefits determined by 
reference to the use of a registered design is in force, then-
(a) section 37(4) applies in relation to anything done in respect of the design which, but for this 
section and section 37(1), would constitute an infringement of the rights ofthe licensee, with 
the substitution in those provisions of reference to the registered owner with reference to the 
licensee; and 
(b) section 37(4) does not apply in relation to anything done in respect of the design by the 
licensee by virtue of an authority given under that section 37(1). 
(5) Subject to subsection (4), where a registered design has been assigned to the registered owner in 
consideration of royalties or other benefits determined by reference to the use of the design, then-
(a) section 37(4) applies in relation to any Government use of the design as if reference to the 
registered owner included a reference to the assignor, and any sum payable for Government 
use under that section shall be divided between those persons in such proportion as may be 
agreed by them or as may in default of agreement be determined by the court ~n a reference 
under section 40; and 
(b) section 37(4) applies in relation to any act done for Government use in respect of the design 
by the registered owner to the order of a public officer, as if that act were use made by 
virtue of an authority given under that section. 
(6) Where section 37(4) applies to any use of a registered design and a person holds an exclusive 
licence under the design concerned (other than such a licence as is mentioned in subsection (4» authorizing 
him to use the design, then subsections (8) and (9) shall apply. 
(7) In subsections (8) and (9), "the section 37(4) payment" means such payment 
(if any) as the registered Owner and the Government agree under section 37(4), or the court determines 
under section 40, should be made by the public officer concerned to the registered owner in respect of the 
use of the design. 
(8) The licensee shall be entitled to recover from the registered owner such part (if any) of the 
section 37(4) payment as may be agreed on by them or as may in default of agreement be determined by 
the court under section 40 to be just having regard to any expenditure incurred by the licensee-
(a) in developing the design; or 
Cb) in making payments to the registered owner of the design in consideration of the licence, 
other than royalties or other payments determined by reference to the use of the design. IP/NIl/HKG/DI 1 
Page 20 
(9) Any agreement between the registered owner and the Government under section 37(4) as to the 
amount of the section 37(4}payment shall be of no effect unless the licensee consents to the agreement; and 
any determination by the court under section 40 as to the amount of that payment shall be of no effect 
unless the licensee has been informed of the reference to the court and is given an opportunity to be heard. 
(10) In this section, "the public officer concerned", in relation to any Government 
use of a registered design, means the public officer by whom or on whose authority the use was made. 
Chapter: 522 
Section: 39 Title: 
Heading: REGISTERED DESIGNS 
ORDINANCE 
Compensation for loss of 
profit Gazette Number: 
Version Date: 30/06/1997 
(1) Where Government use is made of a registered design, the Government shall pay­
(a) to the registered owner; or 
Cb) ifthere is an exclusive licence in force in respect of the design, to the exclusive licensee, 
compensation for any loss resulting from his not being awarded a contract to supply articles to which the 
design is applied. 
(2) Compensation is payable only to the extent that a contract could have been fulfilled from the 
registered owner's or exclusive licensee's existing manufacturing or other capacity but is payable 
notwithstanding the existence of circumstances rendering him ineligible for the award of such a contract. 
(3) In determining the loss, regard shall be had to the profit which would have been made on such a 
contract and to the extent to which any manufacturing or other capacity was underused. 
(4) No compensation is payable in respect of any failure to secure contracts to supply articles which 
are not intended for Government use. 
(5) The amount payable shall, if not agreed between the registered owner or exclusive licensee and 
the Government, be determined by the court on a reference under section 40, and is in addition to any 
amount payable under section 37 or 38. Chapter: 522 Title: 
Section: 40 Heading: REGISTERED DESIGNS 
ORDINANCE 
References of disputes to 
court IP/N/l/HKG/D/l 
Page 21 
Gazette Number: 
Version Date: 3010611997 
(1) Any dispute as to-
(a) the exercise by a public officer, or a person authorized by a public officer, of the powers 
conferred by section 37; 
(b) terms for Government use ofa registered design under section 37; 
(c) the payment, if any, which should be made to the registered owner under section 37(4); 
(d) the right of any person to receive any part of a payment made under section 37(4); 
(e) the right of any person to receive compensation under section 39; or 
(t) the amount of compensation payable to any person under section 39, 
may be referred to the court by either party to the dispute. 
(2) In determining under this section any dispute between the Government and any person as to the 
terms for the Government use of a registered design, the court shall have regard-
(a) to any benefit or compensation which that person or any person from whom he derives title 
may have received or may be entitled to receive directly or indirectly from any public officer 
in respect of the design in question; and 
(b) to whether that person or any person from whom he derives title has, in the court's opinion, 
without reasonable cause, failed to comply with a request of the public officer concerned for 
Government use of the design on reasonable terms. 
(3) On a reference under this section the court may refuse to grant relief by way of compensation in 
respect of Government use of a registered design at any time during the period referred to in section 28(5) 
but before the fees referred to in that section are paid. 
(4) Where a person becomes the registered owner or one of the registered owners or an exclusive 
licensee of a registered design (the new owner or licensee) by virtue of a transaction, instrument or event to 
which section 34 applies, then unless-
(a) an application to register the prescribed particulars of the transaction, instrument or event is 
made before the end of the period of 6 months from the date of the transaction, instrument 
or event; or 
(b) the court is satisfied that it was not practicable for such an application to be made before the 
end of that period and that an application was made as soon as practicable thereafter, 
the new owner or licensee shall not be entitled to any compensation under section 37 (as it stands or as 
modified by section 38(4)) or to any compensation under section 39 in respect of any use of the design by a 
public officer or a person authorized by a public officer under section 37 after the date of the transaction, 
instrument or event and before the prescribed particulars of the transaction, instrument or event are 
registered. 
(5) One of 2 or more registered owners of a registered design may without the concurrence of the 
others refer a dispute to the court under this section, but shall not do so unless the others are made parties to 
the proceedings; but any of the others made a defendant shall not be liable for any costs or expenses unless 
he takes part in the proceedings. IP/N/lIHKG/DIl 
Page 22 
Chapter: 522 
Section: 41 Title: 
Heading: REGISTERED DESIGNS 
ORDINANCE 
Determination of rights 
after registration 
PART V 
LEGAL PROCEEDING Gazette Number: 
Version Date: 
Proceedings for determination of rights in registered designs 30106/1997 
(l) After a design is registered, any person having or claiming a proprietary interest in or under the 
design may refer to the court the question-
(a) who is or are the true owner or owners of the design; 
(b) whether the design should have been registered in the name of the person or persons in 
whose name or names it was registered; or 
(c) whether any right in or under the design should be transferred or granted to any other 
person or persons, 
and the court shall determine the question and make such order as it thinks fit to give effect to the 
determination. 
(2) Without prejudice to the generality of subsection (1), an order under that subsection may contain 
provision-
(a) directing that the name ofthe person by whom the reference is made shall be entered in the 
Register as the owner or one of the owners of the design (whether or not to the exclusion of 
any other person); 
(b) directing the registration of a transaction, instrument or event by virtue of which that person 
has acquired any right in or under the design; 
(c) granting any licence or other right in or under the design; or 
(d) directing any person registered as the owner of the design or any person having any right in 
or under the design to do anything specified in the order as necessary to carry out the other 
provisions of the order. 
(3) If any person to whom directions have been given under subsection (2)(d) fails to do anything 
necessary for carrying out any such directions within 14 days after the date of the order containing the 
directions, the court may, on application made to it by any person in whose favour or on whose reference 
the order was made, authorize him to do that thing on behalf of the person to whom the directions were 
given. _ 
(4) If a reference under this section is made after the end of the period of 2 years beginning with the 
date of registration of the design to which the reference relates, no order shall be made under subsection (l) 
transferring any right in or under the design from the person registered as the owner of the design to any 
other person on the ground that the person so registered was not entitled to be registered as the owner 
unless it is shown that he knew at the time of the registration or, as the case may be, of the transfer of the 
design to him, that he was not entitled to be registered as the owner. 
(5) Where a question is referred to the court under this section, no order shall be made by virtue of 
subsection (2) or under subsection (4) unless notice of the reference is given to all persons registered as 
owner of the design or as having a right in or under the registered design except those who are parties to the 
reference. Chapter: 522 Title: 
Section: 42 Heading: REGISTERED DESIGNS 
ORDINANCE 
Effect of transfer of 
registered design 
under section 41 IP/N/lIHKGIDIl 
Page 23 
Gazette Number: 
Version Date: 3010611997 
(1) Where an order is made under section 41 that a registered design shall be transferred from any 
person or persons (the old owner or owners) to one or more persons (whether or not including an old 
owner), then, except in a case falling within subsection (2), any licences or other rights granted or created by 
the old owner or owners shall, subject to section 32 and to the provisions of the order, continue in force and 
be treated as granted by the person or persons to whom the design is ordered to be transferred (the new 
owner or owners). 
(2) Where an order is so made that a registered design shall be transferred from the old owner or 
owners to one or more persons none of whom was an old owner (on the ground that the design was 
registered in the name of a person not entitled to be registered as a owner), any licences or other rights in or 
under the design shall, subject to the provisions of the order and subsection (3), lapse on the registration of 
that person or those persons as the new owner or owners of the design. 
(3) Where an order is so made that a registered design shall be transferred as mentioned in 
subsection (2) and, before particulars of the reference resulting in the making of the order are entered in the 
Register, the old owner or owners or a licensee-
(a) does in good faith an act which would have constituted an infringement of the design if 
particulars of the reference had been registered at the time the act is done; or 
(b) makes in good faith effective and serious preparations to do such an act, 
the old owner or owners or the licensee shall on making a request to the new owner or owners within the 
prescribed period be entitled to be granted a licence (but not an exclusive licence) to continue to do the act 
or, as the case may be, to do the act. 
(4) Any such licence shall be granted for a reasonable period and on reasonable terms. 
(5) The new owner or owners of the registered design or any person claiming that he is entitled to be 
granted any such licence may refer to the court the question whether that person is so entitled and whether 
any such period is, or any such terms are, reasonable, and the court shall determine the question and may, if 
it considers it appropriate, order the grant of such a licence. 
Chapter: 522 Title: 
Section: 43 Heading: REGISTERED DESIGNS 
ORDINANCE Gazette Number: 
Licences granted by order Version Date: 
of court 30106/1997 
Any order made under section 41(2) or 42(5) for the grant of a licence shall, without prejudice to any 
other method of enforcement, have effect as if it were a deed, executed by the owner of the registered 
design and all other necessary parties, granting a licence in accordance with the order. IP/N/1/HKGID/1 
Page 24 
Chapter: 522 
Section: 44 Title: REGISTERED DESIGNS Gazette Number: 
ORDINANCE 
Heading: Revocation on ground of Version Date: 30106/1997 
public order ("ordre 
public") or morality 
Proceedings for revocation of registration 
(1) Any person may at any time after a design has been registered under this Ordinance refer to the 
Registrar the question of whether, having regard to section 7, the design is a registrable design. 
(2) Subject to subsection (3), where a question is so referred to the Registrar, he shall determine the 
question. 
(3) The Registrar may, if he thinks fit, refer the question to the court for determination and, without 
prejudice to the court's jurisdiction apart from this subsection to determine any such question, the court 
shall have jurisdiction to do so. 
(4) If the Registrar or the court determines that the design is not a registrable design under section 7, 
he or it shall order the registration of the design to be revoked. 
(5) Any person may oppose a reference made under subsection (1). 
Chapter: 522 
Section: 45 Title: 
Heading: REGISTERED DESIGNS 
ORDINANCE Gazette Number: 
Revocation on ground that Version Date: 
design was not registrable 30/0611997 
The court may, on application by any person, order the registration of a design to be revoked on the 
ground that, at the time of its registration, the design was not new or was not registrable for any other 
reason. Chapter: 522 Title: 
Section: 46 Heading: REGISTERED DESIGNS 
ORDINANCE 
Revocation on ground that 
person is not entitled to be 
registered as owner IPINIlIHKG/DIl 
Page 25 
Gazette Number: 
Version Date: 3010611997 
(1) Subject to subsections (2) and (3), the court may, on application by any person, order the 
registration of a design to be revoked on the ground that the person whose name is entered in the Register as 
the owner of the design is not entitled to be registered as the owner. 
(2) An application under subsection (1) may be made only by a person found by the court on a 
reference under section 41 to be entitled to be registered as the owner of the design. 
(3) Where the reference under section 41 was commenced after the end of the period of 2 years 
beginning with the date of registration of the design, the court may not order the revocation of the 
registration of the design under this section unless the applicant shows that the person whose name is 
entered in the Register as the owner of the design knew at the time of its registration or of the registration of 
the transfer of the design to him that he was not entitled to be registered as the owner. 
Chapter: 522 Title: 
Section: 47 Heading: REGISTERED DESIGNS 
ORDINANCE 
Effect of revocation Gazette Number: 
Version Date: 30106/1997 
Without affecting transactions past and closed, where an order is made under section 44, 45 or 46 that 
the registration of a design be revoked, the Registrar shall rectify the Register accordingly and the 
registration of the design shall be deemed never to have been made. 
Chapter: 522 Title: 
Section: 48 Heading: REGISTERED DESIGNS 
ORDINANCE Gazette Number: 
Proceedings for Version Date: 
infringement by registered 
owner 
Infringement proceedings 30106/1997 
(1) An infringement of the right in a registered design is actionable by the registered own~r and in any 
action in respect of such an infringement all such relief, by way of damages, injunction, account of profits or 
otherwise shall be available to the plaintiff as is available in proceedings in respect of the infringement of 
other proprietary rights. 
(2) The court shall not, in respect of the same infringement, both award damages and order an 
account of profits. 
(3) No proceedings shall be taken in respect of an infringement of a registered design committed 
before the date on which the certificate of registration of the design is issued under section 25. IPINIlIHKG/DIl 
Page 26 
Chapter: 522 Title: 
Section: 49 Heading: REGISTERED DESIGNS 
ORDINANCE Gazette Number: 
Proceedings for Version Date: 
infringement by co-owner 3010611997 
(1) Subject to this section and to any agreement to the contrary, where there is more than one 
registered owner of a registered design, each of them shaIl be entitled to bring proceedings in respect of any 
infringement of the design. 
(2) In the application of section 31 to a registered design of which there is more than one registered 
owner, the reference to the registered owner shall be construed-
(a) in relation to any act, as a reference to that registered owner or those registered owners 
who, by virtue of section 33 or any agreement referred to in that section, is or are entitled to 
do that act without its constituting an infringement; and 
(b) in relation to any consent, as a reference to that registered owner or those registered owners 
who, by virtue of section 33 or any such agreement, is or are the proper person or persons 
to give the requisite consent. 
(3) In any proceedings taken by a registered owner by virtue of this section the other registered 
owner or owners shall be made a party or parties to the proceedings, but if any other registered owner is 
made a defendant he shall not be liable for any costs or expenses unless he takes part in the proceedings. 
Chapter: 522 Title: REGISTERED DESIGNS Gazette Number: 
ORDINANCE 
Section: 50 Heading: Proceedings for Version Date: 30106/1997 
infringement by 
exclusive licensee 
(1) Subject to this section, the holder of an exclusive licence under a registered design shall have the 
same right as the registered owner to bring proceedings in respect of any infringement of the design 
committed after the date of the licence and references to the registered owner in the provisions of this 
Ordinance relating to infringement shall be construed accordingly. 
(2) In awarding damages in any proceedings taken by an exclusive licensee by virtue of this section 
the court may take into consideration only the losses suffered or likely to be suffered by the exclusive 
licensee as a result of the infringement. 
(3) In ordering an account of profits in any proceedings taken by an exclusive licensee by virtue of 
this section the court may take into consideration only the profits derived from the infringement which are 
attributable to the infringement of the exclusive licensee's rights. _ 
(4) In any proceedings taken by an exclusive licensee by virtue of this section the registered owner 
shall be made a party to the proceedings, but if the registered owner is made a defendant he shall not be 
liable for any costs or expenses unless he takes part in the proceedings. 
Chapter: 522 Title: REGISTERED DESIGNS Gazette Number: 
ORDINANCE 
Section: 51 Heading: General restriction on Version Date: 3010611997 
recovery of damages or 
profits 
(1) In proceedings for the infringement of a registered design damages shall not be awarded, and no 
order shall be made for an account of profits, against a defendant who proves that at the date of the 
infringement he was not aware, and had no reasonable grounds for believing, that the design was registered. 
(2) For the purposes of subsection (1) a person shall not be taken to have been so aware or to have 
had reasonable grounds for so believing by reason only of the application to an article, or to any printed 
matter accompanying an article, ofthe word "registered", or any word or words or abbreviation 
expressing or implying that a design has been registered, unless the registration number of the design 
accompanied the word or words or abbreviation in question. 
(3) In proceedings for infringement of a registered design the court may, if it thinks fit, refuse to 
award any damages or make any such order in respect of an infringement committed at any time during the 
period referred to in section 28(5) but before the fees referred to in that section are paid. Chapter: 522 Title: 
Section: 52 Heading: IPINIlIHKG/DIl 
Page 27 
REGISTERED DESIGNS 
ORDINANCE Gazette Number: 
Restriction on recovery of Version Date: 
damages or profits for 
infringements occurring 
before transactions are 
registered 30106/1997 
Where a person becomes the registered owner or one of the registered owners or an exclusive licensee 
of a registered design by virtue of a transaction, instrument or event to which section 34 applies, then 
unless-
(a) an application to register the prescribed particulars of the transaction, instrument or event is 
made before the end of the period of 6 months beginning with its date; or 
(b) the court is satisfied that it was not practicable to make such an application before the end of 
that period and that an application was made as soon as practicable after the end of that 
period, 
he is not entitled to damages or an account of profits in respect of any infringement occurring after the date 
of the transaction, instrument or event and before the prescribed particulars of the transaction, instrument or 
event are registered. 
Chapter: 522 Title: 
Section: 53 Heading: REGISTERED DESIGNS 
ORDINANCE 
Order for delivery up Gazette Number: 
Version Date: 30/0611997 
(1) Where a person has in his possession, custody or control in the course of a business­
(a) infringing articles; or 
(b) anything specifically designed or adapted for the making of infringing articles, knowing or 
having reason to believe that the thing has been or is to be used to make infringing articles, 
the registered owner of the design in question may apply to the court for an order that the articles or thing 
be delivered to him or to such other person as the court may direct. 
(2) Where the court makes an order under subsection (1), it shall also make an order under section 
54 unless it determines that there are grounds for not making such an order. 
(3) No application may be made under subsection (1) after the end of the period of 6 years from the 
date the articles or thing concerned were made unless during the whole of that period the registered owner 
was under a disability or was prevented by fraud or concealment from discovering the facts entitling him to 
make the application, in which case the registered owner may make an application at any time before the 
end of the period of 6 years from the date on which he ceased to be under a disability or, as the case may 
be, could with reasonable diligence have discovered those facts. 
(4) A person to whom any article or thing is delivered up under an order made under subsection (1) 
shall, if an order is not made under section 54 at the time of the making of the order under subsection (I), 
retain the article or thing pending the making of an order under section 54 or the decision of the court not to 
make such an order. IP/N/1/HKG/DIl 
Page 28 
Chapter: 522 
Section: 54 Title: 
Heading: REGISTERED DESIGNS 
ORDINANCE 
Order for disposal Gazette Number: 
Version Date: 3010611997 
(1) An application may be made to the court for an order that the articles or thing delivered up under 
section 53 shall be-
(a) forfeited to the registered owner; 
(b) destroyed; or 
(c) disposed of in such manner as the court specifies. 
(2) In deciding what order or decision to make under subsection (1), if any, the court shall consider 
whether any other remedies available in proceedings for infringement would be adequate to compensate the 
registered owner and any licensee and protect their interests. 
(3) Where there is more than one person interested in the articles or thing in question, the court may 
make such order under subsection (1) as it thinks just and it may, in particular, direct that the articles or 
thing delivered up under section 53 be disposed of and the proceeds be divided among them as the court 
directs. 
(4) If the court decides that no order should be made under subsection (1), the person who had 
possession, custody or control of the articles or thing before they were delivered up under section 53 is 
entitled to their return. 
Chapter: 522 Title: 
Section: 55 Heading: REGISTERED DESIGNS 
ORDINANCE 
Declaration as to 
non-infringement Gazette Number: 
Version Date: 30106/1997 
Without prejudice to the court's jurisdiction to make a declaration apart from this section, a declaration 
that an act does not, or a proposed act would not, constitute an infringement of a registered design may be 
made by the court in any proceedings between the person doing or proposing to do the act and the 
registered owner, notwithstanding that no assertion to the contrary has been made by the registered owner, 
if it is shown that-
Chapter: 
Section: 
Remarks: (a) that person has applied in writing to the registered owner for a written acknowledgement to 
the effect of the declaration claimed, and has furnished him with full particulars in writing of 
the act in question; and 
(b) the registered owner has refused or failed to give any such acknowledgement. 
522 Title: 
56 Heading: REGISTERED DESIGNS 
ORDINANCE 
Certificate of contested 
validity of registration Gazette Number: 25 of 1998 s. 2 
Version Date: 01/07/1997 
Amendments retroactively made -see 25 of 1998 s. 2 
(1) If in any proceedings before the court the validity of the registration of a design is contested and 
that registration is found by the court to be valid, the court may certify the finding and the fact that the 
validity of the registration was so contested. 
(2) Where a certificate is granted under this section, then if, in any subsequent proceedings before 
the court for infringement of the registered design concerned or for revocation of the registration, a final 
order or judgment is made or given in favour of the party relying on the validity of the registration that party 
shall, unless the court otherwise directs, be entitled to his costs on the indemnity basis within the meaning of 
that term as appearing in Order 62, rule 28 of the Rules of the High Court (Cap 4 sub. leg.) (other than the 
costs of any appeal in the subsequent proceedings). (Amended 25 of 1998 s. 2) Chapter: 522 Title: 
Section: 57 Heading: REGISTERED DESIGNS 
ORDINANCE 
Remedy for groundless 
threats of infringement 
proceedings Gazette Number: 
Version Date: IP/NIlIHKG/DI 1 
Page 29 
30106/1997 
(1) Where a person (whether or not the registered owner of, or entitled to any right in, a registered 
design) by circulars, advertisements or otherwise threatens any other person with proceedings for 
infringement of a registered design, any person aggrieved by the threats (whether or not he is the person to 
whom the threats are made) may, subject to subsection (4), bring proceedings in the court against the 
person making the threats for any such relief as is mentioned in subsection (3). 
(2) In any such proceedings the plaintiff shall, if he proves that the threats were so made and satisfies 
the court that he is a person aggrieved by them, be entitled to the relief claimed unless-
(a) the defendant proves that the acts in respect of which the proceedings were threatened 
constitute or, if done, would constitute an infringement of a registered design; and 
(b) the plaintiff fails to show that the registration of the design concerned is invalid. 
(3) The relief is-
(a) a declaration to the effect that the threats are unjustifiable; 
(b) an injunction against the continuance of the threats; and 
(c) such damages, if any, as have been sustained by the plaintiff by reason of the threats. 
(4) Proceedings may not be brought under this section as regards a threat to bring proceedings for an 
infringement alleged to consist of the making of an article for sale or hire or the importing of anything. 
(5) For the purposes of this section a notification of the existence of a registered design does not of 
itself constitute a threat to institute proceedings. 
Chapter: 522 Title: 
Section: 58 Heading: REGISTERED DESIGNS 
ORDINANCE Gazette Number: 
Appeal from decisions or Version Date: 
orders of Registrar 
Miscellaneous 30106/1997 
(1) Except as otherwise provided by the regulations, an appeal lies to the court from any decision or 
order of the Registrar under this Ordinance. 
(2) Any appeal under this Ordinance which concerns an application for registration of a design shall 
be heard in private unless the court otherwise directs. 
(3) In any appeal under this Ordinance-
(a) the Registrar shall be entitled to appear and be represented and be heard in support of his 
decision or order; 
(b) the Registrar shall appear if so directed by the court. 
(4) In any appeal under this Ordinance the court may exercise any power which could have been 
exercised by the Registrar in proceedings from which the appeal is brought. 
(5) In this section, "decision" includes any act of the Registrar made in the exercise of a 
discretion vested in him by or under this Ordinance. IPINIlIHKG/DI 1 
Page 30 
Chapter: 522 Title: REGISTERED DESIGNS Gazette Number: 
ORDINANCE 
Section: 59 Heading: Registrar's appearance in Version Date: 30106/1997 
proceedings involving 
Register 
(1) In any proceedings before the court which concerns an application for the alteration or 
rectification of the Register-
(a) the Registrar shall be entitled to appear and be represented and be heard; and 
(b) the Registrar shall appear if so directed by the court. 
(2) Unless otherwise directed by the court, the Registrar may instead of appearing submit to the 
court a statement in writing signed by him, giving particulars of-
(a) any proceedings before him in relation to the matter in issue; 
(b) the grounds of any decision given by him; 
(c) the practice of the Registrar or the Registry in like cases, if any; and 
(d) such matters relevant to the issues and within his knowledge as Registrar as he thinks fit, 
and the statement shall be deemed to form part of the evidence in the proceedings. 
Chapter: 522 Title: 
Section: 60 Heading: REGISTERED DESIGNS 
ORDINANCE 
General powers of court Gazette Number: 
Version Date: 3010611997 
The court may, for the purpose of determining any question in the exercise of its original or appellate 
jurisdiction under this Ordinance, make any order or exercise any other power which the Registrar could 
have made or exercised for the purpose of determining that question. 
Chapter: 522 Title: 
Section: 61 Heading: REGISTERED DESIGNS 
ORDINANCE Gazette Number: 
Procedure in case of option Version Date: 
to apply to court or 
Registrar 30106/1997 
(1) Where under this Ordinance a person has an option to make an application either to the court or 
to the Registrar on a question concerning a registered design or an application for registration -of a design, 
then-
(a) if any proceeding concerning the design or application for registration in question is pending 
before the court, the application must be made to the court; and 
(b) if in any other case the application is made to the Registrar, he may, at any stage of the 
proceedings, refer the application to the court, or he may, after hearing the parties, 
determine the question, subject to appeal to the court. 
(2) Subsection (1) is without prejudice to the court's powers, apart from this section, to determine 
any question referred to in that subsection. Chapter: 522 Title: 
Section: 62 Heading: REGISTERED DESIGNS 
ORDINANCE 
Costs and expenses in 
proceedings before court IP/NIlIHKG/DIl 
Page 31 
Gazette Number: 
Version Date: 3010611997 
(1) In all proceedings before the court under this Ordinance the court may award to any party such 
costs as it may consider reasonable and the costs of the Registrar shall be in the discretion of the court, but 
the Registrar shall not be ordered to pay the costs of any other of the parties. 
(2) If in any such proceedings the court directs that any costs of one party shall be paid by another 
party, the court may settle the amount of the costs by fixing a lump sum or may direct that the costs shall be 
taxed on a scale specified by the court, being a scale of costs prescribed by rules of court. 
Chapter: 522 Title: REGISTERED DESIGNS Gazette Number: 
ORDINANCE 
Section: 63 Heading: Costs and expenses in Version Date: 30106/1997 
proceedings before 
Registrar 
(1) The Registrar may, in proceedings before him under this Ordinance, by order award to any party 
such costs as he may consider reasonable and direct how and by what parties they are to be paid. 
(2) Any costs awarded under this section shall, if the court so orders, be recoverable by execution 
issued from the court as if they were payable under an order of that court. 
Chapter: 522 
Section: 64 Title: 
Heading: REGISTERED DESIGNS 
ORDINANCE 
Register of designs to be 
kept 
PART VI Gazette Number: 
Version Date: 
ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS 
Register of designs 3010611997 
(1) The Registrar shall keep at the Registry a register to be known as the Register of Designs. 
(2) There shall be entered in the Register in accordance with this Ordinance and the rules-
(a) particulars as to applications for registration of designs, including the filing dates and priority 
dates; 
(b) the names of owners of registered designs; 
(c) particulars as to transactions, instruments or events affecting rights in or under registered 
designs and applications for registration; and 
(d) such other matters as the Registrar may think fit. 
(3) Notwithstanding subsection (2), no notice of any trust, whether express, implied or constructive, 
shall be entered in the Register, and the Registrar shall not be affected by any such notice. 
(4) The Register need not be kept in documentary form. IPINIlIHKGIDIl 
Page 32 
Chapter: 522 Title: REGISTERED DESIGNS 
ORDINANCE Gazette Number: L.N. 96 of 
1999 
Section: 65 Heading: Register is prima facie 
evidence Version Date: 01106/1999 
(1) Subject to subsection (4), the Register shall be prima facie evidence of anything required or 
authorized by this Ordinance or the rules to be registered. 
(2) A certificate purporting to be signed by the Registrar and certifying that any entry in the Register 
which he is authorized by this Ordinance or the rules to make has or has not been made, or that any other 
thing which he is so authorized to do has or has not been done, shall be prima facie evidence of the matters 
so certified. 
(3) Each of the following, that is to say-
(a) a copy of an entry in the Register or an extract from the Register which is supplied under 
section 69(1); 
(b) a copy of-
(i) any document kept in the Registry; 
(ii) an extract from any such document; 
(iii) any model or specification of a registered design; or 
(iv) any application for registration of a design, 
which purports to be a certified copy or a certified extract shall, subject to subsection (4), be admitted in 
evidence without further proof and without production of any original. 
(4) This section is without prejudice to section 22A or 22B or Part IV of the Evidence Ordinance 
(Cap 8) or any provision made by virtue of that section or Part. (Replaced 2 of 1999 s. 6) 
(5) In this section, "certified copy" and "certified extract" mean a copy 
and extract certified by the Registrar and sealed with the seal of the Registrar. 
Chapter: 522 
Section: 66 Title: 
Heading: REGISTERED DESIGNS 
ORDINANCE 
Rectification of Register Gazette Number: 
Version Date: 30106/1997 
(1) The court may, on the application of any person aggrieved, order the Register to be rectified by 
the making, or the variation or deletion, of any entry in it. 
(2) In proceedings under this section the court may determine any question which it may be 
necessary or expedient to decide in connection with the rectification of the Register. 
Chapter: 522 Title: REGISTERED DESIGNS Gazette Number: 
ORDINANCE 
Section: 67 Heading: Correction of errors in Version Date: 30/06/1997 
Register 
(1) Subject to the rules, the Registrar may correct any error in the Register. 
(2) A correction may be made under subsection (1) either upon a request in writing made by any 
person interested or on the Registrar's own initiative. 
(3) Where the Registrar is requested to correct such an error by a person interested, any person may 
in accordance with the rules give the Registrar notice of opposition to the request and the Registrar shall 
determine the matter. Chapter: 522 Title: 
Section: 68 Heading: REGISTERED DESIGNS 
ORDINANCE 
Right to inspect Register IP/N/1/HKG/D/l 
Page 33 
Gazette Number: 
Version Date: 3010611997 
(1) Subject to any rules, the public shall have a right to inspect the Register during the normal 
business hours of the Registry. 
(2) In relation to any portion of the Register kept otherwise than in documentary form the right of 
inspection conferred by subsection (1) is a right to inspect the material on the Register. 
Chapter: 522 Title: 
Section: 69 Heading: REGISTERED DESIGNS 
ORDINANCE 
Right to copies of entries Gazette Number: 
Version Date: 3010611997 
(1) Any person who applies for a certified copy of an entry in the Register or a certified extract from 
the Register shall be entitled to obtain such a copy or extract on payment of a fee prescribed in relation to 
certified copies and extracts. 
(2) Any person who applies for an uncertified copy or extract shall be entitled to such a copy or 
extract on payment of a fee prescribed in relation to uncertified copies and extracts. 
(3) Applications under this section shall be made in such manner as may be prescribed. 
(4) In relation to any portion of the Register kept otherwise than in documentary form, the right to a 
copy or extract conferred by subsection (l) or (2) is a right to a copy or extract in a form in which it can be 
taken away and in which it is visible and legible. 
Chapter: 522 Title: 
Section: 70 Heading: REGISTERED DESIGNS 
ORDINANCE 
Right to information Gazette Number: 
Version Date: 30/06/1997 
(1) After the registration of a design and upon the filing of a written request by any person in the 
prescribed manner, the Registrar shall give the person making the request such information, and permit him 
to inspect such documents, relating to the application for registration or the design concerned (including any 
representation, sample or specimen of the design) as may be specified in the request, subject, however, to 
any prescribed conditions. 
(2) Subject to this section, until notice of registration of a design is published under section 25, 
information or documents constituting or relating to the application shall not, without the consent of the 
owner or the applicant (as the case may be), be published or communicated to any person by the Registrar. 
(3) Subsection (2) shall not prevent the Registrar from publishing or communicating to others any 
prescribed information relating to an application for registration of a design. 
(4) Where a person is notified that an application for registration of a design has been made and that 
the applicant will, if the design is registered, bring proceedings against that person in the event of his doing 
an act specified in the notification, that person may make a request under subsection (1), notwithstanding 
that the design has not been registered, and that subsection shall apply accordingly. IPIN/1/HKG/D/1 
Page 34 
Chapter: 522 Title: 
Section: 71 Heading: REGISTERED DESIGNS 
ORDINANCE Gazette Number: 
Business hours of Registry Version Date: 30106/1997 
(l) The Registrar may by notice published in the Gazette give directions specifying the hours of 
business of the Registry for the purpose of the transaction of business under this Ordinance. 
(2) Business done on any day after the specified hours of business, or on a day which is not a 
business day, shall be deemed to have been done on the next following business day; and where the time for 
doing anything under this Ordinance expires on a day which is not a business day, that time shall be 
extended to the next following business day. 
(3) Directions made under this section may make different provision for different classes of business. 
Chapter: 522 Title: 
Section: 72 Heading: REGISTERED DESIGNS 
ORDINANCE 
Language of proceedings 
before Registrar 
Miscellaneous Gazette Number: 
Version Date: 30106/1997 
Except as otherwise provided in the rules, and notwithstanding section 5 of the Official Languages 
Ordinance (Cap 5), the official language in which an application for registration of a design is filed shall be 
used as the language of proceedings in all proceedings before the Registrar under this Ordinance. 
Chapter: 522 Title: REGISTERED DESIGNS Gazette Number: 
ORDINANCE 
Section: 73 Heading: Exercise of Registrar's Version Date: 3010611997 
discretionary powers 
Without prejudice to any rule of law, the Registrar shall give any party to a proceeding before him an 
opportunity of being heard before exercising adversely to that party any discretion vested in the Registrar by 
this Ordinance or the rules. 
Chapter: 522 Title: REGISTERED DESIGNS Gazette Number: 
ORDINANCE 
Section: 74 Heading: Immunity of Registrar as Version Date: 30106/1997 
regards official acts 
Neither the Registrar nor any public officer-
(a) shall be taken to warrant the validity of the registration of any design registered under this 
Ordinance; or 
(b) shall incur any liability by reason of, or in connection with, any examination required or 
authorized by this Ordinance, or any report or other proceedings consequent on any such 
examination or investigation. Chapter: 522 Title: 
Section: 75 Heading: REGISTERED DESIGNS 
ORDINANCE 
Recognition of agents IP/N/lIHKGIDIl 
Page 35 
Gazette Number: 
Version Date: 30106/1997 
(1) Subject to this section, where under this Ordinance any act has to be done by or to any person in 
connection with a registered design or any procedure relating to a registered design or the registration of a 
design, the act may be done by or to an agent of such person duly authorized by that person orally or in 
writing. 
(2) A person duly authorized by another person under subsection (1) to act as his agent may (subject 
to any provision to the contrary in any agreement between the agent and that person) on giving notice to the 
Registrar and the other person, cease to act as agent for the other person. 
(3) The Registrar may refuse to recognize as agent in respect of any business under this Ordinance 
any person specified for the purpose in the rules. 
(4) The Registrar shall refuse to recognize as an agent a person who neither resides nor has a place 
of business in Hong Kong. 
Chapter: 522 Title: 
Section: 76 Heading: REGISTERED DESIGNS 
ORDINANCE 
Correction of errors in 
filed documents Gazette Number: 
Version Date: 30106/1997 
(1) Subject to the rules, the Registrar may upon request by any person interested correct any error of 
translation or transcription, any clerical error or any mistake made in-
(a) any application for registration of a design or document filed in connection with such an 
application; 
(b) any representation of a design; or 
(c) any document filed in connection with a registered design. 
(2) Any person may in accordance with the rules give the Registrar notice of opposition to the 
request and the Registrar shall determine the matter. IP/N/1/HKG/DIl 
Page 36 
Chapter: 522 Title: 
Section: 77 Heading: REGISTERED DESIGNS 
ORDINANCE Gazette Number: 
Designs relevant for defence Version Date: 
purposes 30106/1997 
(1) Where, either before or after the commencement of this Ordinance, an application for registration 
of a design has been made and it appears to the Registrar that the design is one of a class notified to him by 
the Secretary of State as relevant for defence purposes, the Registrar may give directions for prohibiting or 
restricting the publication of information with respect to the design, or the communication of such 
information to any person or class of persons specified in the directions. 
(2) Rules may be made for securing that where such directions are given­
(a) the representation of the design; and 
(b) any evidence filed in support of the applicant's application for registration that the design is 
registrable, 
shall not be open to public inspection in the Registry during the continuance in force of the directions. 
(3) Where the Registrar gives such directions, he shall give notice of the application of the directions 
to the Secretary of State, and thereupon the following provisions shall have effect-
(a) the Secretary of State shall consider whether the publication of the design would be 
prejudicial to the defence of the United Kingdom or Hong Kong; 
(b) the Secretary of State may at any time after the design has been registered or, with the 
consent of the applicant, at any time before the design has been registered, inspect the 
representation of the design, or any such evidence as to its registrability; 
(c) if upon the consideration of the design at any time it appears to the Secretary of State that 
the publication of the design would not, or would no longer, be prejudicial to the defence of 
the United Kingdom or Hong Kong, notice may be given to the Registrar to that effect; and 
(d) on the receipt of any such notice the Registrar shall revoke the directions and may, subject 
to such conditions, if any, as he thinks fit, extend the time for doing anything required or 
authorized to be done by or under this Ordinance in connection with the application for 
registration, whether or not that time has previously expired. 
(4) In this section, "Secretary of State" means the Secretary of State for Trade and 
Industry of the United Kingdom. 
Chapter: 522 Title: 
Section: 78 Heading: REGISTERED DESIGNS 
ORDINANCE 
Forfeited articles Gazette Number: 
Version Date: 3010611997 
Nothing in this Ordinance affects the right of the Government or any person deriving titre directly or 
indirectly from the Government to dispose of or use articles forfeited under the law relating to customs or 
excise. Chapter: 522 Title: 
Section: 79 Heading: REGISTERED DESIGNS 
ORDINANCE 
General power to make 
rules 
PART VII 
RULES AND REGULATIONS IJ>~/l/lIlCCi/l)/l 
J>age 37 
Gazette Number: 
Version Date: 30/0611997 
(1) The Registrar may make rules-
(a) for the purposes of any provision of this Ordinance which contemplates or authorizes the 
making of rules (other than rules of court) with respect to any matter; 
(b) for prescribing anything authorized or required by a provision of this Ordinance to be 
prescribed; and 
(c) generally for regulating the practice and procedure under this Ordinance. 
(2) Without prejudice to the generality of subsection (1), rules made under this section may make 
provision-
(a) in connection with applications for registration of designs and other documents which may 
be filed with the Registrar-
(i) prescribing the form and contents of any such documents; 
(ii) requiring copies of any such documents to be filed with the Registrar; and 
(iii) prescribing the manner of filing of any such documents; 
(b) regulating the procedure to be followed in connection with any proceeding or other matter 
before the Registrar and authorizing the rectification of irregularities of procedure; 
(c) requiring fees to be paid in connection with any such proceeding or matter or in connection 
with the provision of any service by the Registry and providing for the remission of fees in 
the prescribed circumstances; 
(d) empowering the Registrar, in such cases as may be specified in the rules, to require a party 
in any such proceeding to give security for costs, in relation to that proceeding or to 
proceedings on appeal, and providing for the consequences if security is not given; 
(e) regulating the mode of giving evidence in any such proceeding and empowering the Registrar 
to compel the attendance of witnesses and the discovery of and production of documents; 
(t) prescribing time limits for doing anything required to be done in connection with any such 
proceeding by this Ordinance or the rules and providing for the alteration of any period of 
time specified in this Ordinance or the rules; 
(g) without prejudice to section 72, requiring and regUlating the translation of documents in 
connection with a registered design or an application for registration of a design into the 
language of the proceedings or into one or both of the official languages and the filing and 
verification of any such translations; and 
(h) providing for the publication and sale of documents by the Registry and of information 
about such documents. 
(3) Rules made under this section may make different provision for different cases. 
(4) Rules made under this section-
(a) authorizing the rectification of irregularities of procedure; or 
(b) providing for the alteration of any period of time, 
may authorize the extension or further extension of any period of time notwithstanding that the period has 
already expired. 
(5) Rules made under this section prescribing fees (including any penalty fee required by rules made 
under section 82(2 )(b )) shall not be made except with the consent of the Financial Secretary. 
(6) Any rules made under subsection (2)(c) may-
(a) prescribe fees fixed at; or 
(b) provide for fees to be fixed at, 
levels that provide for the recovery of expenditure incurred or likely to be incurred by the Government or IP/NI 1 IHKG/DI 1 
Page 38 
other authority in the exercise of any or all functions under this Ordinance, and shall not be limited by 
reference to the amount of administrative or other costs incurred or likely to be incurred in the exercise of 
any particular function. 
(7) Rules may be made under this section providing for arrangements to be made by the Registrar for 
the publication of reports of decisions or orders made by the Registrar under this Ordinance or decisions or 
orders relating to designs made by any court or body (whether in Hong Kong or elsewhere). 
Chapter: 522 Title: 
Section: 80 Heading: REGISTERED DESIGNS 
ORDINANCE 
Rules relating to 
applications for 
registration Gazette Number: 
Version Date: 3010611997 
(1) Without prejudice to the generality of section 79, the Registrar may, for the purposes of section 
12, make rules providing that an application for registration of a design shall or may contain­
(a) a statement describing the representation of the design; 
(b) a statement describing the features of the design which the applicant considers to be new; 
(c) the classification of the articles to which the design is intended to be applied, according to 
any class or sub-class specified by the rules; and 
(d) a specimen or sample of the article to which the design reproduced in the representation is 
applied. 
(2) Rules made under this section may provide for the manner in which the following matters shall or 
may be contained in an application-
Chapter: 
Section: (a) any claim that section 9, 10 or 11 applies in relation to the application; or 
(b) any claim to the priority of an earlier application and supporting priority documents in 
accordance with section 16. 
522 Title: 
81 Heading: REGISTERED DESIGNS 
ORDINANCE Gazette Number: 
Rules relating to Version Date: 
registration of designs, etc. 3010611997 
(1) Without prejudice to any other provision of this Ordinance, the Registrar shall make rules 
requiring the registration of designs and of transactions, instruments or events affecting rights in or under 
registered designs and applications for registration of designs. 
(2) Rules made under this section may provide for-
(a) the filing of any prescribed documents or description of documents in connection with any 
matter which is required to be registered; 
(b) the correction of errors in the Register and in any documents filed in connection with 
applications for registration; and 
( c) the publication and advertisement of anything done under this Ordinance in relation to the 
Register. 
(3) Rules made under this section may provide for notification to the Registrar of any matter 
affecting rights in an application for registration of a design. Chapter: 522 Title: 
Section: 82 Heading: IP/N/lIHKGIDIl 
Page 39 
REGISTERED DESIGNS 
ORDINANCE Gazette Number: 
Rules relating to language Version Date: 
of proceedings 30/06/1997 
(l) Without prejudice to the generality of section 79, the Registrar may make rules-
(a) requiring, in respect of any document filed or to be filed in proceedings under this 
Ordinance, the filing of a translation of the document into the language of the proceedings or 
into one or both of the official languages; 
(b) providing for the use by any person in oral proceedings before the Registrar of a language 
other than the language of the proceedings; 
(c) in respect of documents to be used for the purpose of evidence in proceedings before the 
Registrar and which are in a language other than the language of the proceedings, providing 
for the filing of the document in that other language and the filing of a translation of the 
document into the language of the proceedings or into one of the official languages; and 
(d) in respect of information provided or to be provided to the Registrar and which is to be 
entered in the Register, requiring the provision of that information in both official languages. 
(2) Rules made under subsection (l)(a) or (d)-
Chapter: 
Section: 
Remarks: (a) may specifY periods within which translations of documents into the language of the 
proceedings or into the official languages are to be filed or within which information in the 
official languages is to be provided; and 
(b) may provide for extensions, upon application by a party to the proceedings, of such periods, 
and may require that applications for such extension shall be subject to the payment of a 
prescribed penalty fee. 
522 
83 Title: 
Heading: REGISTERED DESIGNS 
ORDINANCE 
Regulations Gazette Number: 22 of 1999 
Version Date: 01/07/1997 
Amendments retroactively made -see 22 of 1999 s. 3 
The Chief Executive in Council may make regulations- (Amended 22 of 1999 s. 3) 
(a) providing that no appeal lies under section 58 from a decision or order of the Registrar that 
is of a class of decisions or orders specified in the regulations; 
(b) adding to the Schedule the name of-
(i) any country which has acceded to the Paris Convention; 
(ii) any territory or area subject to the authority or under the suzerainty of any country, or 
administered by any country, on behalf of which such country has acceded to the 
Paris Convention; or 
(iii) any country, territory or area which has acceded to the World Trade Organization 
Agreement; 
(c) deleting from the Schedule the name of-
(i) any country which has denounced the Paris Convention; 
(ii) any territory or area on behalf of which the Paris Convention has been denounced; or 
(iii) any country, territory or area which has denounced the World Trade Organization 
Agreement; and 
(d) otherwise amending the Schedule. IP/N/1/HKG/DIl 
Page 40 
Chapter: 522 
Section: 84 Title: 
Heading: REGISTERED DESIGNS 
ORDINANCE Gazette Number: 
Registrar may specify forms Version Date: 
to be used 30/06/1997 
(1) The Registrar may require the use of such forms as he may, by notice published in the Gazette, 
specity in connection with the registration of a design or any other proceeding before him under this 
Ordinance. 
(2) A notice under subsection (1) may contain any direction of the Registrar with respect to the use 
of a form specified in the notice. 
Chapter: 522 Title: 
Section: 85 Heading: REGISTERED DESIGNS 
ORDINANCE 
Falsification of Register, 
etc. 
PART VIII 
OFFENCES Gazette Number: 
Version Date: 3010611 997 
A.ny person who makes or causes to be made a false entry in the Register, or a writing falsely 
purportmg to be a copy or reproduction of an entry in the Register, or produces or tenders or causes to be 
produced or tendered in evidence any such writing, knowing or having reason to believe the entry or writing 
to be false, commits an offence and is Iiable-
Chapter: 
Section: (a) on summary conviction, to a fine at level 5 and to imprisonment for 6 months; 
(b) on conviction on indictment, to imprisonment for 2 years. 
522 Title: REGISTERED DESIGNS Gazette Number: 
ORDINANCE 
86 Heading: False representation that Version Date: 30106/1997 
design is registered 
(1) Subject to this section, any person who falsely represents that a design applied to any article 
disposed of by him for value is registered in respect of that article commits an offence and is liable on 
summary conviction to a fine at level 3. . 
(2) For the purposes of subsection (1), a person who for value disposes of an article having stamped, 
engraved or impressed on it or otherwise applied to it the word "registered" or anything 
expressing or implying that a design applied to the article is registered in respect of that article, shall be taken 
to represent that the design applied to the article is registered in respect of the article. 
(3) In proceedings for an offence under this section it shall be a defence for the accused to prove that 
he used due diligence to prevent the commission of the offence. 
Chapter: 522 Title: REGISTERED DESIGNS Gazette Number: 
ORDINANCE 
Section: 87 Heading: Misuse of title "Designs Version Date: 3010611997 
Registry" 
Any person who uses on his place of business, or on any document issued by him, or otherwise, the 
words ·"Designs Registry" or any other words suggesting that his place of 
business is, or is officially connected with, the Registry, commits an offence and is liable on summary 
conviction to a fine at level 4. Chapter: 522 Title: 
Section: 88 Heading: IPINIlIHKG/DIl 
Page 41 
REGISTERED DESIGNS 
ORDINANCE Gazette Number: 
Contravention of directions Version Date: 3010611997 
given under section 77 
Any person who contravenes a direction given by the Registrar under section 77 commits an offence 
and is liable-
(a) on summary conviction, to a fine at level 5 and to imprisonment for 6 months; 
(b) on conviction on indictment, to imprisonment for 2 years. 
Chapter: 522 Title: 
Section: 89 Heading: REGISTERED DESIGNS 
ORDINANCE Gazette Number: 
Offences by corporations or Version Date: 
partners 30106/1997 
(1) Where an offence under this Ordinance committed by a body corporate is proved to have been 
committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, 
manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in 
any such capacity, he as well as the body corporate, is guilty of the offence and is liable to be proceeded 
against and punished accordingly. 
(2) The following provisions apply for the purposes of proceedings for an offence under this 
Ordinance alleged to have been committed by a body corporate-
Ca) any rules of court relating to the service of documents; and 
(b) section 19A (plea by a corporation before a magistrate) and section 87 (procedure on charge 
of indictable offence against corporation) of the Magistrates Ordinance (Cap 227). 
(3) Where the affairs ofa body corporate are managed by its members, subsection (1) shall apply in 
relation to the acts and defaults of a member in connection with his functions of management as if he were a 
director of the body corporate. 
(4) Where an offence under this Ordinance committed by a partner in a partnership is proved to have 
been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any 
other partner of the partnership, that other partner shall be guilty of the offence and liable to be proceeded 
against and punished accordingly. 
Chapter: 522 Title: 
Section: 90 Heading: 
Expanded Cross Reference: 
91,92,93 REGISTERED DESIGNS 
ORDINANCE 
Interpretation 
PART IX Gazette Number: 
Version Date: 30106/1997 
TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS AND REPEAL 
Transitional provisions 
(1) In this section and sections 91 to 93, the "Registered Designs Act 1949" 
means the Registered Designs Act 1949 (1949 c. 88 U.K.), as amended and as applied to 
Hong Kong by the United Kingdom Designs (Protection) Ordinance (Cap 44). <* Note-Exp. x-Ref: 
Sections 91, 92, 93 *> 
(2) Unless the context otherwise requires, any word or expression used in sections 91 to 93 and 
defined in the Registered Designs Act 1949 has the same meaning as in that Act. <* Note-Exp. x-Ref: 
Sections 91, 92, 93 *> IP/N/lIHKG/DIl 
Page 42 
Chapter: 522 Title: 
Section: 91 Heading: REGISTERED DESIGNS 
ORDINANCE Gazette Number: 
Designs deemed registered Version Date: 
under this Ordinance 3010611997 
(1) Any design registered under the Registered Designs Act 1949 before the date of commencement 
of this Ordinance the right in which is subsisting or is treated as subsisting on that date shall be deemed to be 
registered under this Ordinance in respect of the articles for which it is registered under that Act. 
(2) Any design registered under the Registered Designs Act 1949 on or after the date of 
commencement of this Ordinance the application for which was pending on the date immediately preceding 
the date of commencement of this Ordinance shall be deemed to be registered under this Ordinance in 
respect of the articles for which it is registered under that Act. 
(3) Notwithstanding any other provision of this Ordinance, the initial period of registration of a design 
deemed by subsection (1) to be registered under this Ordinance shall consist ofthe period-
(a) beginning on the date of commencement of this Ordinance; and 
(b) ending on the earlier of-
(i) the date on which the right in the design expires under the Registered Designs Act 
1949; and 
(ii) the date on which the right in the design would expire under that Act if the period for 
which the right is subsisting on the date of commencement of this Ordinance could not 
be extended in accordance with section 8(2) of that Act. 
(4) Notwithstanding any other provision of this Ordinance, the initial period of registration ofa design 
deemed by subsection (2) to be registered under this Ordinance shall consist of the period-
Chapter: 
Section: (a) beginning on the date of registration of the design under the Registered Designs Act 1949; 
and 
(b) ending on the earlier of-
(i) the date on which the right in the design expires under the Registered Designs Act 
1949; and 
(ii) the date on which the right in the design would expire under that Act if the period for 
which the right subsists under section 8(1) of that Act could not be extended in 
accordance with section 8(2) of that Act. 
522 Title: 
92 Heading: REGISTERED DESIGNS 
ORDINANCE 
Renewal of registration Gazette Number: 
Version Date: 3010611997 
(1) The period of registration of a design deemed by section 91 to be registered under this Ordinance 
may be extended for additional periods of 5 years each but the total period of registration under this 
Ordinance and the Registered Designs Act 1949 may not exceed 25 years and 6 months in the aggregate. 
(2) If the registered proprietor of the design desires to renew the period of registration for a further 
period of 5 years after the initial period of registration referred to in section 91(3) or (4) expires, he shall 
submit an application to the Registrar in accordance with subsection (3). 
(3) The application referred to in subsection (2) shaIl-
(a) be submitted before the later of-
(i) the date that is 6 months prior to the expiration of the initial period of registration 
under this Ordinance; and 
(ii) the date that is 6 months after the commencement of this Ordinance; 
(b) incJude-
(i) a representation of the design as registered under the Registered Designs Act 1949; 
(ii) a certificate confirming registration of the design issued by the Registrar of the United 
Kingdom Designs Registry; 
(iii) a certified copy of an entry in, or a certified extract from, the United Kingdom Designs 
Registry, stating the full name of the proprietor of the design immediately preceding 
the application; and 
(iv) such other information, documents or matter as may be required by the rules; and 
(c) be accompanied by the prescribed renewal fee. 
(4) Section 28(3), (4) and (5) applies to any further renewal of the period of registration ofa design 
deemed by section 91 to be registered under this Ordinance. Chapter: 522 Title: 
Section: 93 Heading: REGISTERED DESIGNS 
ORDINANCE 
Restrictions on remedies IP/N/l/HKG/D/l 
Page 43 
Gazette Number: 
Version Date: 3010611997 
(1) The registered proprietor of a design deemed by section 91 to be registered under this Ordinance 
shall not be entitled to recover any damages in respect of any infringement of the design from any defendant 
who proves that at the date of the infringement he was not aware, nor had any reasonable means of making 
himself aware, of the existence of the registration of the design under the Registered Designs Act 1949. 
(2) Nothing in subsection (1) shall affect any proceedings for an injunction. 
(3) The court shall have the power, upon the application of any person who alleges that his interests 
have been prejudicially affected by this section, to declare that exclusive privileges and rights in a design 
have not been acquired in Hong Kong under section 91 upon any of the grounds upon which the United 
Kingdom registration might have been cancelled under the Registered Designs Act 1949; such grounds shall 
be deemed to include the publication of the design in Hong Kong prior to the date of registration of the 
design under that Act. 
(4) In any proceedings for infringement of a design deemed by section 91 to be registered under this 
Ordinance, the court shall apply-
Chapter: 
Section: (a) the law of the United Kingdom in relation to infringements occurring before the date of 
commencement of this Ordinance; and 
(b) the law of Hong Kong in relation to infringements occurring on or after the date of 
commencement of this Ordinance. 
522 Title: 
94 Heading: REGISTERED DESIGNS 
ORDINANCE 
(Omitted as spent) Gazette Number: 
Version Date: 30106/1997 
(Omitted as spent) 
Chapter: 522 Title: 
Section: 95 Heading: 
(Omitted as spent) 
Chapter: 522 Title: 
Section: 96 Heading: 
(1) (Omitted as spent) 
(2) Any thing done under-REGISTERED DESIGNS 
ORDINANCE 
(Omitted as spent) 
REGISTERED DESIGNS 
ORDINANCE 
Repeal and savings Gazette Number: 
Version Date: 
Gazette Number: 
Version Date: 
(a) the United Kingdom Designs (Protection) Ordinance (Cap 44); or 3010611997 
3010611997 
(b) the Registered Designs Act 1949 (1949 c. 88 U.K.), as amended and as applied to Hong 
Kong by the United Kingdom Designs (Protection) Ordinance (Cap 44), 
shall, if in force on the commencement of this Ordinance, and so far as it could have been done under this 
Ordinance, continue in force and have effect as if done under the corresponding provisions of this 
Ordinance. 
(3) A reference in any document to the United Kingdom Designs (Protection) Ordinance (Cap 44) 
shall, unless the context otherwise requires, be construed as a reference to this Ordinance. IP/N/1/HKGIDIl 
Page 44 
Chapter: 522 Title: REGISTERED DESIGNS 
ORDINANCE Gazette Number: L.N. 340 of 
1998 
Schedule: 1 Heading: PARIS CONVENTION 
COUNTRIES AND WTO 
MEMBERS Version Date: 
Countries which have acceded to the Paris Convention 
Albania 
Algeria 
Argentina 
Armenia 
Australia 
Austria 
Azerbaijan 
Bahamas 
Bahrain (Added L.N. 340 of 1998) 
Bangladesh 
Barbados 
Belarus 
Belgium 
Benin 
Bolivia 
Bosnia and Herzegovina 
Botswana (Added L.N. 340 of 1998) 
Brazil 
Bulgaria 
Burkina Faso 
Burundi 
Cambodia (Added L.N. 340 of 1998) 
Cameroon 
Canada 
Central African Republic 
Chad Chile 
China 
Colombia 
Congo 
Costa Rica 
Cote d'I voire 
Croatia Cuba 
Cyprus 
Czech Republic 
Democratic People's Republic 
of Korea 
Democratic Republic of Sao Tome and Principe (Added L.N. 340 of 1998) 
Democratic Republic of the Congo (Added L.N. 340 of 1998) 
Denmark 
Dominican Republic 
Egypt 
El Salvador 06/11/1998 
[sections 2 & 83] Equatorial CIuinea 
Estonia 
Finland 
France 
CIabon 
CIambia 
CIeorgia 
CIermany 
CIhana 
CIreece 
CIrenada (Added L.N. 340 of 1998) 
CIuatemala (Added L.N. 340 of 1998) 
CIuinea 
CIuinea-Bissau 
CIuyana 
Haiti 
Holy See 
Honduras 
Hungary 
Iceland 
Indonesia 
Iran (Islamic Republic of) 
Iraq 
Ireland 
Israel 
Italy 
Japan 
Jordan 
Kazakhstan (Added L.N. 340 of 1998) 
Kenya 
Kyrgyzstan 
Latvia 
Lebanon 
Lesotho 
Liberia 
Libya 
Liechtenstein 
Lithuania 
Luxembourg 
Madagascar 
Malawi 
Malaysia 
Mali 
Malta 
Mauritania 
Mauritius 
Mexico 
Monaco 
Mongolia 
Morocco 
Netherlands 
New Zealand 
Nicaragua 
Niger 
Nigeria IJ>~/l/lIECCI/l)/l 
J>age 45 IP INIlIHK G/DIl 
Page 46 
Norway 
Panama 
Paraguay 
Peru 
Philippines 
Poland 
Portugal 
Republic of Korea 
Republic of Moldova 
Republic of Mozambique (Added L.N. 340 of 1998) 
Romania 
Russian Federation 
Rwanda 
Saint Kitts and Nevis 
Saint Lucia 
Saint Vincent and the Grenadines 
San Marino 
Senegal 
Sierra Leone 
Singapore Slovak Republic (Added L.N. 
340 of 1998) 
Slovenia 
South Africa 
Spain 
Sri Lanka 
Sudan 
Suriname 
Swaziland 
Sweden 
Switzerland 
Syria 
Tajikistan 
The former Yugoslav Republic of Macedonia 
Togo 
Trinidad and Tobago 
Tunisia 
Turkey 
Turkmenistan 
Uganda 
Ukraine 
United Arab Emirates 
United Kingdom 
United Republic of Tanzania 
United States of America 
Uruguay 
Uzbekistan 
Venezuela 
VietNam 
Yugoslavia 
Zambia 
Zimbabwe 
Countries, territories and areas which have acceded to the World Trade Organization Agreement 
(not including countries which have acceded to the Paris Convention) Angola 
Antigua and Barbuda 
Belize 
Brunei l)arussalam 
l)jibouti 
l)ominica 
Ecuador 
European Community 
Fiji 
India 
Jamaica 
Kuwait Macau 
Maldives 
Myanmar 
Namibia 
J>akistan 
J>apua New Ciuinea 
Qatar 
Soloman Islands 
Thailand IJ>~/1/fI}CCi/l)/1 
J>age 47 
(Amended L.N. 340 of 1998)