Each application must include a representation of the design suitable for reproduction; a statement identifying the designer or where the applicant is not the designer, a statement explaining the applicant's rights in relation to the design; and a statement identifying the articles to which the design is intended to be applied (adopting the WIPO Locarno classification system of classes and sub-classes, but with power subsequently to extend registration of the design to other classes).
The application can be for 2 or more designs if each design relates to the same class of articles or the same set of articles.
The application can be filed in English or Chinese, but the statement of novelty which must appear on all representations of the design has to be in both languages.
A filing fee and advertisement fee must also be paid.
Priority may be claimed from an application filed in a convention country provided the Hong Kong application is filed within 6 months of the first convention application. In that case, a statement of priority and a copy of the previous application must be filed as well.
The Registrar once satisfied that the formal requirements have been complied with i.e. all the requisite documents have been filed in support of the application, will 'as soon as practicable' register a design, enter the name of the applicant in the Register, issue a certificate of registration to the applicant and gazette it. No substantive examination will be conducted.
The initial period of registration is 5 years, with 4 renewals available of 5 years each, for a total period of 25 years. Renewal fees must be paid within 3 months prior to the expiration of each 5-year period; a 6-month grace period is allowed, with additional fee.
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
c Linklaters & Paines 1997 - Tel +852 2842 4888
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