2. After I have completed the prescribed registration procedure, what protection can I enjoy under the Registered Designs Ordinance? What are the possible penalties for an infringement?
Under section 31 of the Registered Designs Ordinance, the right in a registered design is infringed by any person who does, among other things, any of the following without the consent of the registered owner:
- makes, imports, sells, hires or offers or exposes for sale or hire any article to which the design has been applied;
- makes anything for enabling any article to be made in Hong Kong or elsewhere to which the design has been applied;
- makes anything for enabling a kit to be made or assembled in Hong Kong or elsewhere such that the assembled article constitutes an article to which the design has been applied. (Note: A "kit" means a complete or substantially complete set of components intended to be assembled into an article.)
Infringement of a registered design is a civil wrong (i.e. the infringer would incur civil liability) . In legal proceedings for infringement of a registered design, the owner of the design is entitled to seek:
- damages (compensation);
- injunction (a court order forbidding the infringer to continue selling the goods under the relevant registered design);
- surrender the infringing goods; and
- surrender the profits derived by the infringer in respect of the infringing goods.