We are Design Guard By HKU Lite Lab.
HKU LIte Lab 2022
Design Guard
As defined in section 2 of the Registered Designs Ordinance (Cap. 522 of the Laws of Hong Kong), a “design” means features of shape, configuration, pattern or ornament applied to an article by any industrial process, being features which in the finished article appeal to the eye.
The registered owner may bring civil actions for infringement of the exclusive rights. Your rights as the owner of a registered design include but are not limited to the following:
Stanley is a design + student studying at HKU and expecting to found a hardware startup in the future. He recently started to suspect that some of his work is stolen by big tech companies. For example, he once drafted a sketch for an electronic watch but found out half a year later, a new watch produced by another big company had a similar appearance as his sketch. He wanted to know how to protect his interest.
We provide legal assistance to startups who provide original products and designs, which are particularly vulnerable to IP assets infringement without patent lawyers or ignoring the significance of IP protection. We provide advice on preventing infringement, subsequent resolution on injunction and, help our clients to claim damages via document automation.
Design License means rights under any written agreement now owned or hereafter acquired by any Credit Party granting any right to use any Design
The Assignment Agreement clarifies the contractual transfer of benefits that will accrue or have accrued. Obligations don’t transfer with the benefits of an assignment. The assignor will always keep the obligations.
Alternative Dispute Resolution (ADR) means a voluntary and private dispute resolution process in which the parties agree to appoint a neutral third party to assist them to settle or resolve their dispute.
DesignGuard is a platform designed to help creative professionals protect their intellectual property and interests in the digital age.
It offers a legal framework for registrable design, video explainers, document automation tools, and resources to assist users in accessing the platform’s various features. With DesignGuard, users can easily draft and download important legal documents, such as design license and assignment agreements, as well as ADR agreements to resolve disputes. The platform is built using WordPress and Documate, providing a user-friendly and efficient experience for creative professionals seeking to safeguard their work.
The Team
Only new designs are registrable. A design will no longer be considered new when it is submitted for registration if you disclose it in any way before you file an application, for example, by publishing it in a catalogue, ordering a design product to be manufactured or exhibiting it at an exhibition. Therefore, you must keep your design confidential until you have filed an application for its registration. If you disclose your design prior to its registration, the validity of your registered design may be challenged notwithstanding its registration
It is possible but only in limited circumstances. These limited circumstances are set out in section 9 of the Registered Designs Ordinance (Cap. 522) and include confidential disclosure. If you need to disclose your design before filing an application to register it, professional advice will be needed to ensure how your design can be disclosed in confidence.
You should consult agents’ or solicitors’ firms specialising in intellectual property practice for seeking professional advice to defend your rights.
Generally, a registered design owner, or an exclusive licensee in his own name, can bring civil proceedings for infringement. Infringement proceedings can be brought for infringements committed after the date on which the certificate of design registration is issued.
HKSAR Intellectual Property Department’s website has provided fruitful information for anyone to access to. Please see
We have prepared an automated license agreement for you! Please see Here
We have prepared an automated assignment agreement for you! Please see Here.
What is Commercial Use?.
The word “commercial” often has a connotation of dealing with large corporations, but really it means anything connected with commerce! In general, selling a product or good is considered not only commercial but also retail use, and may require licensing.
Commercial use means anything involved around a business. Advertising and marketing, websites, social media, blogs, business cards, and other office stationery, as well as products (and much more), will all often require a license.
If you/your client work in a non-profit field, it is important to check with the designers as well. Some designers allow use for non-profits, others will require a license, which is why it’s important to check with the designer.
Some designers want to offer the ability to use their work for projects around the home. A personal use license will grant you/your client the right to use the content for personal purposes. For example, a decorative quote to hang on your wall is a perfect example of personal use. Custom-made family greeting cards, labels for your kids’ backpacks, and “Save The Date” notes for your wedding are all things many DIYers are looking to spice up with the perfect font, and for many designers, these types of projects fall into the personal use category.
Beware that personal use licenses are meant to be used by individual persons. This means the licensee cannot use the content as part of his/her advertising campaigns and other business-related activities. Basically, it’s illegal to print the licensed design on billboards, promotional items, etc. In general, this type of license has the same features as a commercial one. The difference lies in its ownership and transfer options.
