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

80. Rules relating to applications for registration
(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—
(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.

81. Rules relating to registration of designs, etc.
(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.

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

82. Rules relating to language of proceedings
(1) 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 (1)(a) or (d)—
(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.

83. Regulations
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.

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

84. Registrar may specify forms to be used
(1) The Registrar may require the use of such forms as he may, by notice published in the official journal, specify in connection with the registration of a design or any other proceeding before him under this Ordinance. (Amended 2 of 2001 s. 26)
(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.
(3) A notice published under subsection (1) shall not be regarded as subsidiary legislation for the purpose of section 34 of the Interpretation and General Clauses Ordinance (Cap. 1). (Added 2 of 2001 s. 24)

84A. Power to specify official journal, etc.
(1) The Registrar may from time to time, by notice published in the Gazette, specify a publication to be the official journal of record for the purposes of this Ordinance, with effect as of the date specified in the notice.
(2) Where a publication is specified under subsection (1), every notice, request, document or other matter required by this Ordinance or the rules to be published in the official journal shall, from the effective date specified in the notice, be published in the publication so specified, and any reference in this Ordinance or the rules to the official journal shall be construed accordingly.
(3) The Registrar may publish or cause to be published a journal in which there may be published such documents and information relating to a registered design or an application for registration as the Registrar thinks fit.
(4) For the avoidance of doubt, the Registrar may specify the Gazette or the journal referred to in subsection (3) to be the official journal of record.
(5) A publication specified under subsection (1) and the journal referred to in subsection (3) need not be in a documentary form.
(6) A notice published under subsection (1) shall not be regarded as subsidiary legislation for the purpose of section 34 of the Interpretation and General Clauses Ordinance (Cap. 1).
(Added 2 of 2001 s. 25)

85. Falsification of Register, etc.
Any person who makes or causes to be made a false entry in the Register, or a writing falsely purporting 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 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.

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

86. False representation that 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 “註冊” 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.

87. Misuse of title “Designs Registry”
Any person who uses on his place of business, or on any document issued by him, or otherwise, the words “Designs Registry” or “外觀設計註冊處” 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.

88. Contravention of directions 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.