Reforming Hong Kong’s registered designs regime for the digital economy

Following the Chief Executive's 2024 Policy Address to position Hong Kong as a regional intellectual property trading hub, various consultations and reviews are underway to enhance legal protection for innovation and creativity under the digital economy. We previously reported on the proposed AI/copyright reforms here and here.

In June 2025, the Legislative Council's Panel on Commerce, Industry, Innovation and Technology published an administrative paper on reforming the registered designs regime and announced plans for a public consultation by the end of 2025 (which has not yet been published to date). The paper identifies several key issues and suggests targeted changes. 

Issue 1: Statutory definition of "design"

Under the existing Registered Designs Ordinance, "design" is defined as features of shape, configuration, pattern or ornament applied to an article by any industrial process. The relevant features must appeal to and are judged by the eye.

To accommodate innovative designs that may not fit squarely under this definition of "design", such as digital designs, designs for handmade products, partial designs and designs of spare parts, the paper proposes amending the definition so that protection covers the overall appearance created by these features, rather than individual elements. It remains to be seen whether the new definition will follow the broadened definition of "designs" under the new European Design Regulation (effective as of 1 July 2026) which encompasses transition, movement and other sorts of animation (as reported here).

Issue 2: Novelty requirement and marketing flexibility

Under the current regime, a design must be "new" at the filing date to qualify for registration, meaning that it (or a substantially similar design) has not been previously registered, published or disclosed in Hong Kong or elsewhere. There is no general grace period for disclosure in Hong Kong.

This strict novelty requirement often creates challenges for design owners who have already showcased their designs through advertising or marketing in Hong Kong or elsewhere. While the Designs Registry does not generally conduct substantive examination (and hence no prior art citations are raised), a statement of novelty is required at the time of filing. Further, a design that is not new may risk facing invalidation action from third parties.

To provide greater flexibility, the paper considers introducing a grace period, allowing design owners to market their products before filing design applications provided that certain prescribed conditions are met. A grace period will bring the Hong Kong registered designs regime closer to international regimes such as the US, EU and UK. The paper also proposes an option for design owners to defer publication of accepted applications so that their designs can remain undisclosed for a certain period of time to align with their commercial timeline where necessary.

Issue 3: Scope of exclusive rights of registered design owners

Registered design owners currently have the exclusive rights to make, import, sell, hire or offer or expose for sale or hire any article to which the design has been applied. Any third party performing these acts without consent risks infringement, except in limited circumstances such as private, non-commercial use or activities for evaluation, research or teaching.

The paper proposes refining and adjusting the scope of these rights to strike a balance between safeguarding design owners' legitimate interests while allowing room for creators to innovate and develop in the public interest.

Issue 4: Overlap between design rights and copyright

As an innovative product may contain different elements and functions, it may enjoy protection under a patchwork of different intellectual property rights.

The paper suggests exploring the division of roles between designs and other intellectual property rights under the current legal framework, and whether a clearer delineation is needed to demarcate the copyright and design right protection provided to designs.

Issue 5: Streamlining the registration process

Finally, the paper calls for an overall review of the formal requirements for application, examination procedures, registration and post-registration maintenance of designs.

The aim is to streamline and update the registration and management processes and align them with international norms. 

Conclusion

The proposed reform signals Hong Kong's commitment to modernising its design protection regime and fostering an environment that supports innovation under a dynamic economy, especially the digital economy.

By addressing gaps in the statutory definition, introducing flexibility around novelty requirements, adjusting the scope of exclusive rights, clarifying overlaps with copyright and streamlining registration and management procedures, Hong Kong seeks to ensure its design regime is robust, business-friendly and in line with international norms.

Businesses, especially those in the fashion, video gaming, furniture and food & beverage industries, should watch out for the upcoming public consultation to see how the proposed reforms may impact their design strategy in Hong Kong. 

Authored by PJ Kaur and Renee Wan.