| 单词 | Trade variants |
| 释义 | 行業變異 In relation to designs, a common matter of taste or choice within a trade. Trade variants, or variants commonly used in the trade, from a design which was already registered or was published before the filing date of the application are not new, and thus, not registrable: Registered Designs Ordinance (Cap 522) s 5(2). It is the duty of the court to take especial care that no design shall be counted new or original unless it is distinguished from what previously existed by something essentially new or original which is different from ordinary trade variants which may have long been common matters of taste or choice in the trade: Tang Fun Kee Manufacturing Co Ltd v Fortuna Plastic Manufactory [1980] 1 HKC 555. The main feature of a design may be a variant commonly used in the trade but the variant must be one used and not merely published in the Hong Kong SAR; and ‘commonly used in the trade’ means that it must be shown by the evidence to have been available in the Hong Kong SAR from more than one origin: AMP Incorporated v Utilux Pty Limited [1970] RPC 397 (CA). See also Design; Registered designs. |
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