What is Intellectual Property? > Designs > Nature of Examination

Nature of Examination

Registration of registered designs

Registered designs protect the appearance of products and applications for such designs have to be made to the Designs Registry.

Upon receiving the application for a registered design, the Registry will examine the formalities of the application. The formalities are the information required in the application form. There is no substantive examination of the application, which means that the Registry does not assess the registrability of the design, that is, whether the design is new and the appearance of the article appeals to and can be judged by the eye. This notwithstanding, if the Registrar determines that, on the face of the application, the design is not new or is not registrable for any other reason, he may refuse the application.

For details on the application procedure, the information to be submitted to the Designs Registry and the process of examining an application for a registered design, you may refer to the information at How to apply to register a design in the Hong Kong SAR and Design Protection in Hong Kong.

Enforcement actions by owners of registered designs

The owner of a registered design, or an exclusive licensee in his own name, can bring civil proceedings against infringements committed after the registration of a design. Owners of registered designs should consult their legal advisers on this aspect before taking steps to defend their rights.