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Registration of Design in Hong Kong: A Complete Guide for Creators and Companies

The filing of design plays a critical role in protecting the visual features of a product. Whether you're an individual designer or a company launching a new product line, securing legal protection for the appearance of your creation is essential. The system provides a straightforward and affordable way to safeguard original creations from unauthorized copying and commercial misuse.

Understanding Design Protection

In the legal context of the region, a visual work refers to the outward appearance of a product — including its shape, configuration, pattern, or ornamentation. This form of protection does not cover the product’s function or structure, only its aesthetic aspects. A protected industrial concept helps right holders prevent others from making, importing, or selling identical or very similar items.

Rights related to product appearance are governed by the Registered Designs Ordinance and administered by the Intellectual Property Department (IPD). Protection is territorial, meaning it only applies within Hong Kong's jurisdiction.

The Process of Registration of Design

Securing rights over a visual concept  involves a clear process. Any new and original aesthetic feature of an article, provided it has not been published or disclosed anywhere before the application date, is eligible for official protection.

Here are the core steps to follow:

1. Submit an application for registration of product appearance – This includes drawings, representations, or photographs showing the product's appearance.

2. Select the appropriate class – Items must be categorized according to the Locarno Classification system.

3. Provide owner details – The applicant may be an individual or a corporate entity.

4. Pay the official fee – Charges vary based on the number of entries and classes.

5. Receive formal acknowledgment – Once examined, the visual model is entered into the register if all requirements are met.

The whole procedure usually takes two to three months from submission to register. Applications can be filed either in paper format or electronically through the IPD’s official portal.

Duration and Scope of Protection

A registered appearance  initially provides protection for five years from the filing date. The rights can be extended in five-year increments, up to a total of 25 years. To maintain legal coverage, the owner must renew the entry before the expiration of each term.

The scope of protection is limited to what is visually represented in the submitted materials. Therefore, high-quality images and precise descriptions are crucial during the filing stage.

Benefits of Registering a Design

Legal protection of a product’s look offers numerous strategic and commercial advantages:

• Exclusivity through official recording of visual creation
• Increased product value and brand identity
• Deterrence against imitation or counterfeiting
• Legal grounds for enforcement and compensation
• Stronger negotiation position during licensing or partnerships

Enforcement and Infringement in Hong Kong

In cases of unauthorized use, the registered owner has the legal authority to take action. Remedies available under the law include injunctions, damages, and orders for the destruction of infringing goods. Enforcement is only possible if the visual work has been officially recorded and the rights remain active.

It is advisable to monitor the market regularly and take swift legal steps upon detecting violations.

Considerations for Overseas Applicants

Foreign companies and creators can also benefit from Hong Kong’s appearance protection system. No prior filing in the home country is required. However, if the aesthetic feature has been publicly disclosed before the filing, it may no longer be considered "new," which can affect eligibility.

To ensure smooth processing:

• File the application before any public disclosure
• Consider combining filings with other jurisdictions under international agreements, if applicable
• Work with a local agent experienced in IP matters

最後に

The registration of design in Hong Kong serves as a practical tool for protecting creativity in industries such as fashion, consumer electronics, homeware, packaging, and more. As competition intensifies, ensuring that the visual identity of your product is legally shielded becomes a strategic necessity.

By following the correct procedures and understanding the legal framework, creators and companies alike can fully capitalize on their aesthetic innovations — gaining both legal security and market advantage in one of Asia’s most active commercial hubs.