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

24. Examination of applications
(1) If an application for registration of a design has been accorded a filing date under section 14 and has not been withdrawn, the Registrar shall examine the application to determine whether it satisfies the formal requirements.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regards the formal requirements are not corrected within the prescribed period, the application shall be deemed to be withdrawn.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 (形式上的規定) 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.

25. Registration and publication
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—
(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 official journal. (Amended 2 of 2001 s. 26)

26. Refusal of applications
(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—
(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.

27. Formality examination
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.

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

28. Period of registration
(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—
(a) 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.

29. Exceptions related to 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.

30. Surrender of registration
(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.

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

31. Rights conferred by registration
(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