Summary of Recommendations of The Law Reform Commission (LRC) On Registered Design Protection

LRC Recommendations

Position in the Registered Designs Bill

Para 17.75:

The central feature of HK’s design protection regime should be a registry that grants certificates to proprietors of innovative designs and is accessible to public search.

Recommendation accepted.

Para 17.77:

A design registry for HK based closely on the model of the UK
Registered Designs Act 1949 (1949 Act).

Recommendation accepted.

Para 17.80:

The ideal legal institution for registering industrial designs in HK should be an Industrial Design Registry with examination capability.

The international trend is one of formality examination system e.g. EU and China.

See Clause 27.

Para 17.81:

In order to maintain continuity of the present regime post 1997, the UK Design Registry database should be transplanted to HK.

Recommendation accepted. It will be achieved after a period of time. See Clause 92.

Para 17.82:

The novelty requirement should be restricted to local novelty, an approach which mirrors that in the 1949 Act.

World-wide novelty is the international trend e.g. EU and Japan. Even UK will have to change the local novelty test.

See Clause 5(2)(b).