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

44. Revocation on ground of public order (“ordre public”) or morality
(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).

45. Revocation on ground that design was not registrable
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.

46. Revocation on ground that person is not entitled to be registered as owner
(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.

47. Effect of revocation
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.

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

48. Proceedings for infringement by registered owner
(1) An infringement of the right in a registered design is actionable by the registered owner 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.

49. Proceedings for infringement by co-owner
(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 shall 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.

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

50. Proceedings for 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.

51. General restriction on 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, of the word “registered” or “註冊”, 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.