FAQ > Designs > Amendments to the Registered Designs Rules (7 May 2004)

Amendments to the Registered Designs Rules (7 May 2004)

Content

General

• What is the background of the amendments to the Registered Designs Rules?
  
  
• Where can I view the proposed amendments?
  
  
• When will the amendments come into operation?
  
  
• Are fees reduced under the amendments?
  
  

What you need to know for the amended rules

• If I act for an applicant as an agent, what are the new requirements for me under the amended rules?
  
  
• When I file an application for registration of a design, do I need to file 6 additional representations of the design?
  
  
• Where should I state the statement of novelty?
  
  
• Do I need to file the original certificate issued by a competent authority for claiming priority under section 11 of the Registered Designs Rules?
  
  
• Do I have to file a verified translation of the document if a document is not in one of the official languages?

Contents

General

• Q. What is the background of the amendments to the Registered Designs Rules?
  
  A: The Government proposed legislative amendments to the Rules to facilitate electronic service delivery for design registrations and simplify certain existing procedures. The provisions in the Intellectual Property (Miscellaneous Amendments) Ordinance 2001 concerning the use of electronic means for publishing notifications and advertisements of registered designs (sections 20, 25, 26 and part of 27) will also be brought into force when the amendments come into force.

• Q: Where can I view the proposed amendments?
  
  A: The Registered Designs (Amendment) Rules 2004 was gazetted on 12 March 2004. The full text of the Amendment Rules can be found at http://www.gld.gov.hk/cgi-bin/gld/egazette/index.cgi?lang=e

• Q: When will the amendments come into operation?
  
  A: Subject to the negative vetting procedure by the Legislative Council, the amendments will come into operation on 7 May 2004.

• Q: Are fees reduced under the amendments?
  
  A: Yes, fees are reduced substantially. The registered design fees are reduced by 51% in general. For details, please refer to the Designs Forms and Fees table.

What you need to know for the amended rules

• Q: If I act for an applicant as an agent, what are the new requirements for me under the amended rules?
  
  A: You must provide an address in Hong Kong, China where you reside or carry on your business activities. Otherwise the Registrar will refuse to recognize you as an agent.

• Q: When I file an application for registration of a design, do I need to file 6 additional representations of the design?
  
  A: No. You only need to file one representation of the design with each application. The Registrar may at any time require you to file additional copies of the representation, if necessary.

• Q: Where should I state the statement of novelty?
  
  A: You no longer need to state the statement of novelty on each representation of the design. Instead, you have to make the statement of novelty in the Designs Form D1.

• Q: Do I need to file the original certificate issued by a competent authority for claiming priority under section 11 of the Registered Designs Rules?
  
  A: No. You only need to file a copy of the certificate for claiming priority.

• Q: Do I have to file a verified translation of the document if a document is not in one of the official languages?
  
  A: No. You may file a copy of the translation of the document if the translation states the name of the translator and his official capacity, if any.