1. What should I know if want to register a design with the Intellectual Property Department? What is the period of legal protection for a registered design under the Registered Designs Ordinance?
Registration of a design in Hong Kong is obtained by applying to the Registrar of Designs, who is the Director of Intellectual Property. To qualify for registration, the design must be new. This essentially means that the design must not be the same as any design which has already been registered, or which has been published anywhere in the world before the filing date of the application (see section 5 of the Registered Designs Ordinance). An application for registration of a design must specify a list of articles in respect of which the registration is sought, and the class(es) into which they fall . For more details regarding an application for the registration of a design, please go to the website of the Intellectual Property Department.
If an application for the registration of a design is successful, the design will be registered in the name of the applicant. The initial period of registration is 5 years beginning with the date on which the application for registration was filed. The registration may be extended for additional periods of 5 years each time, but the total period of registration may not exceed 25 years from the date on which the application for registration was filed (see section 28 of the Registered Designs Ordinance).
Registration of a design is a complex process and you might suffer business loss if any error is made. You are recommended to hire a lawyer or an expert in this field to handle the registration matters for you.