### Registered Designs Ordinance 《註冊外觀設計條例》

59. Registrar’s appearance in 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.

60. General powers of court
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.

61. Procedure in case of option to apply to court or Registrar
(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.

62. Costs and expenses in proceedings before court
(1) In all proceedings before the court under this Ordinance the court may award to any party such costs as it may consider reasonable. (Amended 2 of 2001 s. 22)
(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.

### Registered Designs Ordinance 《註冊外觀設計條例》

63. Costs and expenses in 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.

64. Register of designs to be kept
(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.

65. Register is prima facie evidence
(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 (核證副本) and certified extract (核證摘錄) mean a copy and extract certified by the Registrar and sealed with the seal of the Registrar.

### Registered Designs Ordinance 《註冊外觀設計條例》

66. Rectification of Register
(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.

67. Correction of errors in 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.

68. Right to inspect Register
(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.

69. Right to copies of entries
(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 (1) 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.