Letters & Thoo has authored the Hong Kong chapter of the World Trademark Review Designs Guide 2016 which provides a practical summary of the issues involved in protecting registered designs in Hong Kong. The full text may be read by clicking here.
This article first appeared in WTR Designs Guide 2016, a supplement to World Trademark Review, published by Globe Business Media Group – IP Division. To view the guide in full, please go to www.worldtrademarkreview.com.
A Chinese design application may be filed under the Paris Convention within 6 months of the earliest priority date.
When filing a Chinese design it is necessary to provide a brief description of the design including details of the function of the article to which the design is applied and details of a “key part” of the design.
An absolute novelty requirement is applicable and no grace period is available.
A Chinese design application is not substantively examined for novelty and will proceed to grant if it satisfies formalities requirements.
Upon grant, the maximum duration of protection of a registered design in China is 10 years from the date of filing.
Overseas Registered Design Protection for Hong Kong Clients
Typically, a design application may be first-filed in Hong Kong or elsewhere to establish a priority date for the design.
Further design applications may be subsequently filed in most overseas countries under the Paris Convention claiming the same priority date as the first-filed design application if such further design applications are filed within 6 months of the earliest priority date.
It may still be possible to file further applications for the design overseas after the 6 months Paris Convention filing deadline has expired, however, registration of such further design applications may be invalidated by prior art arising before the earliest afforded priority date.
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