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Defences to Product Liability
Designs are not registrable if appearance of article is not material

Registrable designs

A design which is new may, upon application by the person claiming to be the owner, be registered in respect of any article or set of articles specified in the application.

A design for which an application for registration is made shall not be regarded as new if it is the same as:

(a) a design that has been registered in pursuance of a prior application, whether or not that design has been registered in respect of the same article for which the application is made or in respect of any other article; or

(b) a design that has been published in Hong Kong or elsewhere before the filing date of the application, whether or not that design has been published in respect of the same article for which the pplication is made or in respect of any other article, or if it differs from such a design only in immaterial details or in features which are variants commonly used in the trade.

The Registrar may, in such cases as may be prescribed, direct that for the purpose of deciding whether a design is new an application for registration shall be treated as made on a date earlier or later than that on which it was in fact made.