《葉謝鄧》合伙人


  • 葉謝鄧律師行:分行多、律師眾、資歷厚、經驗豐、實力強
    高級合伙人:謝連忠律師。執業14年‧創辦葉謝鄧律師行‧曾接受各大媒體無數訪問、婚姻監禮人。
    疏忽傷亡索償管理合伙人:謝連豐律師。本行辦超過600宗傷亡索償,賠償總額億計。
    債務重組、破產案管理合伙人:孫楚雍律師。本行已辦理過千宗IVA、超過五千宗破產。
    樓宇買賣、贖樓、IVA、破產案合伙人:鄧達明律師。本行已辦理過千宗IVA、超過五千宗破產。

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Provisions as to confidential disclosure, etc.

An application for the registration of a design shall not be refused, and the registration of a design shall not be invalidated, by reason only of:
(a) the disclosure of the design by the owner to any other person in such circumstances as would make it contrary to good faith for that other person to use or publish the design;

(b) the disclosure of the design in breach of good faith by any person other than the owner of the design;

(c) in the case of a new or original textile design intended for registration, the acceptance of a first and confidential order for goods bearing the design; or

(d) the communication of the design by the owner to a government department or to any person authorized by a government department to consider the merits of the design, or of anything done in consequence of such a communication.

An application for the registration of a design shall not be refused, and the registration of a design shall not be invalidated, by reason only:

(a) that a representation of the design, or any article to which the design has been applied, has been displayed, with the consent of the owner of the design, at an official international exhibition;

(b) that after any such display as is mentioned in paragraph (a), and during the period of the exhibition, a representation of the design, or any article to which the design has been applied, has been displayed by any person without the consent of the owner; or

(c) that a representation of the design has been published in consequence of any such display as is mentioned in paragraph (a), if the application for registration of the design is made not later than 6
months after the opening of the exhibition.

Here, "official international exhibition" (正式國際展覽) means an official, or officially recognized, international exhibition falling within the terms of the Convention on International Exhibitions signed at Paris on 22 November 1928, and any protocols to that Convention, as revised or amended from time to time.

Computer programs, protected layout-designs (topographies) and designs for articles of a primarily literary or artistic character

Computer programs and protected layout-designs (topographies) are not registrable.

Provision may be made by rules for excluding from registration under this Ordinance designs for such articles of a primarily literary or artistic character as the rules may specify.

Designs contrary to public order ("ordre public") or morality are not registrable

A design the publication or use of which would be contrary to public order ("ordre public") or morality is
not registrable.

The publication or use of a design shall not be considered to be contrary to public order ("ordre public") merely because it is prohibited by any law in force in Hong Kong.

Designs are not registrable if appearance of article is not material

A design is not registrable in respect of an article if the appearance of the article is not material, that is, if aesthetic considerations are not normally taken into account to a material extent by persons acquiring or using articles of that description, and would not be so taken into account if the design were to be applied to the article.

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.

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