1.What is a design?

Appearance design refers to a new design of the shape, pattern, color or combination of goods that is aesthetic and suitable for industrial application. The appearance design can be a three-dimensional feature or a plane feature.

2. What is a registered design?

All kinds of industrial products (such as computers, jewelry, handicraft products, electrical appliances, etc.) can be registered for their beautiful new designs in shape, appearance, pattern, color, decoration or their combination, but the registered design does not protect the operation mode of the design products.

3. Specifically, which product designs can be registered?

For example: Watson's glue bottle shape, packaging bag (box), pattern on watch belt, unique shape of water cup, toy model car, bottle of skin care products, toy doll, novel design of jewelry, etc

4. What is the difference between appearance patent and invention patent?

The appearance patent only protects the appearance of the product, such as shape, appearance, pattern, color, decoration, etc., but does not protect the operation mode of the product; Invention patents protect new inventions, products, substances or methods with novelty and creativity.

5. Is it necessary to submit individual applications for different designs when submitting design applications in Hong Kong?

If your design is related to articles of the same prescribed category or articles of the same kit, you can fill in more than one design in the same registration application. For applications involving more than one design (except the first design), each other design can enjoy a fee reduction.

6. What legal rights does the owner of the design have?

The owner of a design has the right to prevent others from manufacturing, importing, using, selling or renting its design products, and also has the right to sell and authorize the registration of the registered design to others. When a registered product is copied or counterfeited, the owner can apply to the court to prohibit the infringer from continuing the infringement and recover the loss.

7. Why register a design?

(1) When the product design is infringed or counterfeited by a third party, it can be guaranteed by law; (2) Enhance the commercial value and sales force of products; (3) Improve corporate image and taste.

8. What criteria are used to classify articles with registered designs?

The classification system of design articles is based on the international classification of industrial designs (Locarno classification) published by the world intellectual property organization.

9. What are the procedures for registration of designs in Hong Kong?

The company prepares all application documents (including product photos) for customers, submits the application report, issues the application number and application date, reviews and publishes the official form, issues the certificate, and notifies customers to receive the certificate

10. What are the requirements for registered designs?

(1) Novelty and originality; (2) New design with aesthetic feeling and suitable for industrial application; (3) You must keep your design confidential until you submit your application for registration.

11. How can I disclose my design?

If you publish or disclose your design in any way before submitting the application for registration, such as publishing or placing an order in the catalogue to manufacture the product of the design, your design will no longer belong to the new design.

12. When should I apply for a design?

Since the design must be novel, the applicant shall file an application before the product enters the market.

13. How long is the term of Hong Kong design protection?

It shall be renewed every five years from the fifth year from the date of submission of registration application. The maximum protection period is 25 years.

14. How long is the term of protection of Chinese design?

Up to ten years, subject to annual renewal.

15. How do I determine the novelty of my design and know whether others have claimed it?

The applicant can check the novelty and originality of the design through the design retrieval system.

16. My design has been registered and certified in China. Is that equivalent to the right to protection all over the world?

No. The design system can only provide regional protection. After registration in one region, it will not automatically extend to other regions. Applicants must register with the application offices of each region one by one.

17. What is the novelty statement?

The applicant must make a statement of novelty for his application for registration of design (excluding Textiles), and describe the features of the design that the applicant considers to be novel in terms of its style, shape, configuration and decoration.

18. How does Paris of Convention apply to the application of design?

An applicant for a design may file an application for the same design with other member states within a six-month period from the date of the first application to the region of one of the member states of the Paris Convention, and the date of the first application shall be taken as the date of the subsequent application. However, the content of the application submitted after the deadline must be exactly the same as that of the first application.

19. What is priority?

After the applicant first filed an application for its design in a certain country, within the legal time limit, it also filed an application for the design with the same content in other regions. According to relevant laws and regulations, the date of the first application shall be the date of its application. The applicant enjoys this right according to law, which is the right of priority.

20. What is WIPO?

The World Intellectual Property Organization (WIPO) is a United Nations Organization committed to using intellectual property rights (patents, copyrights, trademarks, designs, etc.) as a means to stimulate innovation and creation.

21. How many Member States does WIPO have?

To date, there are 185 member states.

22. Who makes decisions in WIPO?

All decisions on the strategic direction and activities of WIPO are made by Member States.

23. If people know that my design has been registered?

In order to clearly indicate that the design of the product has been registered, the design holder shall print the registration number issued by the Intellectual Property Department of the place of application on the registered product, package, advertisement and catalogue. Example: Hong Kong reg Design No. 01234567

24. What constitutes a tort?

If the product is as like as two peas or similar in shape, the product that has been registered is designed to be infringed. Plagiarism or counterfeiting without the consent of the registered holder of the product design is also an infringement.

25. When should I apply for renewal of the validity of a registered design?

The applicant should apply for renewal on or before the expiration of the registration period.

26. How to draw and take pictures of applying for Chinese design?

When applying for a design in China, pictures or photos of different sides or states shall be submitted for each design product, so as to clearly and completely display the object for protection. Generally, there should be six views, i.e. main view, bottom view, left view, right view, top view and rear view. If necessary, there should also be section view, section view, service status reference drawing and three-dimensional view.

27. How can we check the design information of various countries by ourselves?

The intellectual property offices of most countries have websites. Generally, there is a retrieval system in the website, which can check the basic information of domestic registered designs.

28. If there is no online search system in the area, how can I check the design information in the area?

If there is no online search service in the place, but you want to check the design information in the place, you can seek the agent of a professional in intellectual property.

29. What is the cost of registering a design?

The fees for registered designs vary from place to place. If you want to register, you can seek the advice of professionals.

30. If I find that someone infringes on my registered design, what should I do?

Generally speaking, the owner or holder of a registered design may bring a civil action for infringement of a registered design. In case of the above situation, we suggest you consult the professional of the agency or law firm specializing in intellectual property affairs to protect your rights and interests.

31.What is the Hague Agreement?

This is a treaty administered by the World Intellectual Property Organization (WIPO). It provides a procedure for international registration. The applicant can submit a separate international deposit to WIPO or the National Bureau of the treaty Member States, and the design application will be protected in no matter how many member states of the treaty the applicant wants.

32. What are the procedures for submitting an international application to WIPO?

By submitting an application to WIPO in one language and paying a set of fees in one currency (Swiss Franc), the owner of the industrial design can be protected in several countries.

33. Where is the headquarters of WIPO?

Geneva, Switzerland.

34. Does WIPO have an overseas office?

WIPO has four overseas offices in Brazil, Japan, New York and Singapore.