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

6. Designs are not registrable 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.

7. Designs contrary to public order (“ordre public”) or morality are not registrable
(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.

8. Computer programs, protected layout-designs (topographies) and designs for articles of a primarily literary or artistic character
(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.

8A. Designs with national flag, national emblem, regional flag or regional emblem are not registrable
(Amended 30 of 2023 s. 18)(1) A design is not registrable if it consists of or contains the national flag, the national emblem, the regional flag, the regional emblem or their designs. (Amended 30 of 2023 s. 18)
(2) In this section—
national emblem (國徽) has the meaning given by section 2(1) of the National Flag and National Emblem Ordinance (116 of 1997)*;
national flag (國旗) has the meaning given by section 2(1) of the National Flag and National Emblem Ordinance (116 of 1997)*; (Amended 30 of 2023 s. 18)
regional emblem (區徽) has the meaning given by section 2(1) of the Regional Flag and Regional Emblem Ordinance (117 of 1997)#; (Added 30 of 2023 s. 18)
regional flag (區旗) has the meaning given by section 2(1) of the Regional Flag and Regional Emblem Ordinance (117 of 1997)#. (Added 30 of 2023 s. 18)
(Added 31 of 2021 s. 17) Editorial Note:

* See Instrument A401.  # See Instrument A602. 

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

9. Provisions as to confidential disclosure, etc.
(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 (正式國際展覽) 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.

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

10. Provisions as to artistic 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) Provision 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.

11. Provisions as to registration of same design in respect of other articles, etc.
(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.

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

12. Applications for registration
(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
(f) 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.

13. Multiple applications
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
(b) comply with any prescribed conditions.

14. Filing date
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.