The term 'design' is defined by means of the same wording as the UK Act.
Only new designs may be registered. Designs that are identical to or different only in immaterial details of their features from those already published (defined so as to cover designs used in trade as well) in Hong Kong or elsewhere are not registrable. The Ordinance therefore adopts an international novelty standard for use and publication and does not follow the local novelty standard adopted by the UK.
The Ordinance also expressly provides that a design is not registrable in respect of an article if the aesthetic appearance of that article is not material to prospective purchasers or users, either with or without the design applied to it.
Further information on the above may be obtained via Linklaters & Paines Hong Kong office or via any of the other nine Linklaters & Paines offices world-wide, located in Singapore, Tokyo, London, Brussels, Paris, Frankfurt, New York, Washington D.C. and Moscow. Contact details for the various L&P offices worldwide are available via the Linklaters & Paines corporate listing c/o Business Monitor Online - http://www.businessmonitor.co.uk
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