Section 2: Definitions

Plain-Language Summary

A general explanation to aid understanding. The official statutory text appears below.

This section defines the following terms used in The Registered Designs Ordinance, 2000: • article — any article of manufacture and includes any part of an article if made and sold separately • registration of design — the right to prevent third parties from applying a design to an article and from making, importing, selling, hiring or offering for sale or hire any article in respect of which a design is registered, being an article to which the registered design or a design not substantially different from the registered design has been applied, and from making anything enabling such article to be made as aforesaid, except with the license or written consent of the registered proprietor • design — features of shape, configuration, pattern or ornament applied to an article by any industrial process or means, being features which in the finished article appeal to and are judged solely by the eye, but does not include a method or principle of construction or features of shape or configuration which are dictated solely by technical and functional considerations • Patent Office — the Patent Office established, or deemed to have been established under section 4 • prescribed — prescribed by rules • register — the register of designs kept in pursuance of section 13 • registrar — the Controller of Patents and Designs appointed under section 3 of the Patents Ordinance, 2000 • rules — rules made under this Ordinance; and • set of articles — a number of articles of the same general character ordinarily on sale or intended to be used together, to each of which the same design, or the same design with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof, is applied; and (i) any reference in this Ordinance to an article in respect of which a design is registered shall, in the case of a design registered in respect of a set of articles, be construed as a reference to any article of that set; and (ii) any question arising under this Ordinance whether a number of articles constitute a set of articles shall be determined by the Registrar; and, notwithstanding anything contained in this Ordinance, any determination of the Registrar under this sub-section shall be final. CHAPTER II REGISTERABLE DESIGNS AND PROCEEDINGS FOR REGISTRATION This is the official statutory text, shown as written — it is not a paraphrase or a legal opinion. Consult a verified lawyer to see how it applies to your specific situation.

2. Definitions.___ In this Ordinance, unless there is anything repugnant in the subject or context,— (a) “article” means any article of manufacture and includes any part of an article if made and sold separately; (b) “assignee” includes the legal representative of a deceased assignee, and any references to the assignee of any person include references to the assignee of the legal representative or assignee of that person; (c) “Convention country” means, a country declared as such under section 11; (d) “registration of design” means the right to prevent third parties from applying a design to an article and from making, importing, selling, hiring or offering for sale or hire any article in respect of which a design is registered, being an article to which the registered design or a design not substantially different from the registered design has been applied, and from making anything enabling such article to be made as aforesaid, except with the license or written consent of the registered proprietor; (e) “design” means features of shape, configuration, pattern or ornament applied to an article by any industrial process or means, being features which in the finished article appeal to and are judged solely by the eye, but does not include a method or principle of construction or features of shape or configuration which are dictated solely by technical and functional considerations; (f) “Patent Office” means the Patent Office established, or deemed to have been established under section 4; (g) “prescribed” means prescribed by rules; (h) “proprietor” or creator of a design means,— (i) where the author or creator of the design, for good consideration, executes the work for some other person, the person for whom the design is so executed; (ii) where a design or the right to apply a design to an article becomes vested, whether by assignment, transmission or operation of law, in any person other than the original proprietor, either alone or jointly with the original proprietor, in respect and to the extent in and to which the design or right has been so vested, that other person or, as the case may be, the original proprietor and that other person; (iii) if and to the extent to which two or more persons have created the same design independently of each other, the person whose application has the earliest filing date or, if priority is claimed, the earliest validity claimed priority date shall have the right to the registration of industrial design, as long as the said application is not withdrawn, abandoned or rejected; and (iv) in any other case, the author or creator of the design as may be assigned or as may be transferred by succession; (i) “register” means the register of designs kept in pursuance of section 13; (j) “registered proprietor or agent”, in respect of a design, means the person for the time being entered in the register of designs as proprietor of the design; (k) “registrar” means the Controller of Patents and Designs appointed under section 3 of the Patents Ordinance, 2000; (I) “rules” means rules made under this Ordinance; and (m) “set of articles” means a number of articles of the same general character ordinarily on sale or intended to be used together, to each of which the same design, or the same design with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof, is applied; and (i) any reference in this Ordinance to an article in respect of which a design is registered shall, in the case of a design registered in respect of a set of articles, be construed as a reference to any article of that set; and (ii) any question arising under this Ordinance whether a number of articles constitute a set of articles shall be determined by the Registrar; and, notwithstanding anything contained in this Ordinance, any determination of the Registrar under this sub-section shall be final. CHAPTER II REGISTERABLE DESIGNS AND PROCEEDINGS FOR REGISTRATION

Effective date: 2000-01-01

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