A
design relates to aesthetic features of the external
appearance of an article. The new visible shape, configuration, pattern,
ornament or surface decorations applied to the article by an industrial
process are features capable of protection by design registration.
A
registered design right protects the appearance of the product. A registered
design gives the designer a monopoly over the design.
Are
all Designs registerable?
No.
Broadly speaking a design must be new with regard to anything which
is previously known in the Hong Kong and China before the date of filing
of an application to register the design. As a general rule, to be registrable,
the design must be "new" or "original".
Different countries have varying definitions of such terms, as well
as variations in the process itself.
Why
protect industrial designs?
Industrial
designs are what make an article attractive; hence, they add to the
commercial value of a product and increase its marketability.
When a industrial designs is registered, the owner is assured an exclusive
right against unauthorized copying or imitation of the design by third
parties. An effective system of protection also benefits consumers and
the public at large, by promoting fair competition, encouraging creativity,
and promoting more aesthetically attractive products.
All progress, all success, springs from thinking. It makes sense
to protect an idea, before you make it, and before someone else profits
from it. It could be your most valuable asset. You need to be careful
to avoid losing your rights.