Registered Designs Bill
Proposed Committee Stage Amendments

Topic/

Clause

Content

Remarks

8

To provide that designs for articles of a primarily literary or artistic character would be excluded from registration under this Ordinance since these "designs" are already protected as copyright works. This is in fact the current practice.

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13(a)

To amend "class of designs" to read "class of articles" for clarity.

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40(3)

To clarify the reference to the payment of fees and the period mentioned in 28(5).

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51(3)

- ditto -

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80(2)(b)

To amend "section 14" to read "section 16" which is the correct section on priority.

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83

To delete paragraphs (a), (b) and (c) which are no longer necessary .

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91(1) & 91(2)

To delete "of the class" to avoid ambiguity.

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91(2)

To modify the sub-clause such that applications must be filed in the UK before, rather than, on the commencement date of the Bill if they were to be deemed to be designs registered in Hong Kong.

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92

To modify the clause to make it clear that for all designs deemed to be registered through the transitional provisions under this Ordinance, the requirements for the first extension of the period of registration would follow the special arrangements set out in clause 92(1) - (3), but the requirements for all subsequent extensions would be identical to relevant provisions in clause 28.

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94 & Part IX of Contents

To provide Chinese translation for clause title.

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Part V

To change the Chinese translation for ‘rights in registered designs’ from "

" to "

".

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Trans-lation

To change the Chinese translation for the names of some convention countries (for consistency with those in the Trade Marks Ordinance).

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Schedule

(a) To add to the list of countries which have acceded to the Paris Convention : Equatorial Guinea, Sierra Leone

(b) To add to the list of WTO members : Angola, Papua New Guinea, Soloman Islands

(c) To delete from the list of WTO members : Sierra Leone, Tanzania (which is included in the list of Paris Convention under ‘United Republic of Tanzania’)