The Design Depository Centre

1. Manufacturers, artists and designers generally wish to maximise the investment return on their creative ideas. This often involves engaging in joint ventures or assigning the rights (in particular, the copyright) in the works in question, and which requires proof of ownership. In addition, in an action for infringement of copyright, the onus is on the plaintiff (or claimant) to prove his ownership of the copyright in the work in question, at or before the time of infringement.

2. To facilitate the discharge of these evidential burdens, the Hong Kong Watch Manufacturers Association Ltd. (the "Association") has, for the exclusive benefit of its Members, set up a Design Depository Centre (the "Centre") where artistic works may be deposited. The Centre offers an independent date verification system to assist in establishing ownership of copyright in the works deposited with the Centre.

Entitlement to Copyright Protection in Hong Kong

3. In simple terms, any original copyright work created by the skill and labour of any individual or otherwise belongs to any corporation, wherever domiciled, resident incorporated, is entitled copyright protection in Hong Kong unless the Chief Executive expressly denies protection to their jurisdiction of origin (which will only occur in very rare cases).

Eligibility to Deposit at the Centre

4. A depositor must be a fully paid-up Member of the Association.

5. The work in question must be an "artistic" work, and in particular includes the following:-

5.1 graphic works (which includes any paintings, drawings, maps, charts or plans;
and any engraving, etching, lithographs, woodcuts or similar works), photographs, sculptures (which includes casts or models made for purposes of sculptures), or collages, irrespective of artistic quality;

5.2 works of architecture being a building or a model for a building; or

5.3 works of artistic craftsmanship.

Procedure for Deposit

6. A deposit is effected by the submission of:-

6.1 a completed Application Form (available from the Association);

6.2 copies of drawings or blueprint representations of the work to be enclosed within an envelope of the size not exceeding 35 cm x 25 cm; and

6.3 payment of the requisite fee.

7. Please note that no original drawings, blueprint or any other documents will be accepted by the Centre.

8. The Centre has the absolute right to accept or refuse any application for deposit.

Certificate of Deposit

9. Upon acceptance of an application, a Certificate of Deposit showing the date on which the work had been deposited will be issued and sent to the depositor together with the duplicate Application Form. The deposit will be valid for an initial term of 3 years ending on the last date of the preceding quarter immediately prior to the third anniversary date of the deposit. For example, if the deposit date commences on 20 November 1998, its term will expire on 30 September 2001. The deposit is renewable for further terms of 3 years (see paragraph 11 below).

10. Once a work has been duly deposited, an appropriate warning should be included in all 2 or 3 dimensional copies of the work and associated materials/packaging, in addition to the conventional copyright symbol and notice. The wording may read "Hong Kong Watch Manufacturers Association Watch & Clock Design Depository No XX".

Renewal

11. Within 1 month before the expiry of the term of deposit, the Centre shall send out to the depositor a Notice of Renewal of the deposit together with a Renewal Form. The deposit will be renewed if the Association receives:-

1.1 a completed Renewal Form;

1.2 the stated renewal fee; and

1.3 payment of any Membership fees due to the Association.

12. If no reply is received by the Centre after the lapse of 1 month from the date of expiry of the term, the deposit shall be deemed lapsed. The Centre shall return to the depositor, by registered post, all copy drawings and materials submitted in connection with the deposit.

13. The Centre has absolute discretion to accept or refuse any application for renewal.
Fees for Deposit

14. Deposit Fee HK$600.00
Renewal Fee HK$400.00
Fee for making an Affidavit on Date of Deposit HK$300.00
Fee for a Certified True Copy of the Certificate of Deposit HK$ 30.00
The above fees shall be subject to review from time to time at the absolute discretion of the Association.

Advantages of Deposit

15. The existence of a deposit can act as a deterrent to piracy of copyright because it shows that the depositor has given sufficient consideration to protecting his legal rights, and has taken them seriously.

16. The display of the notice of deposit helps to avoid unlawful reproduction of copyright.

17. At any time during the validity of a deposit, the Centre will upon request provide an affidavit verifying the date of deposit of the work. This is of prime importance in the event of litigation becoming necessary.

Limitations

18. The Association is a private organization and a deposit with the Centre serves as evidential purposes only. It is not intended as a substitution for appropriate registration under Hong Kong or other laws.

19. A Certificate of Deposit is not conclusive evidence of the subsistence of copyright or of any information submitted in connection therewith. A deposit only provides evidential assistance and is no guarantee for the success of any legal proceedings.

20. All works deposited will be kept in the strictest confidence but no liability shall arise if such confidentiality is, for any reason, not maintained.

21. The Association does not verify or examine the work deposited, and will not give any evidence regarding the authenticity and originally of the work.

22. No liability shall be assumed by the Association for any loss or damage arising as a result of the following:-

22.1 theft, fire, accident or act of God;

22.2 omission or neglect to send out the Notice of Renewal;

22.3 loss in mail or non-delivery of the drawings and materials deposited on return to the depositor after expiration of a deposit registration;

22.4 negligence of the officials, servants, or employees of the Centre or the Association; or

22.5 any other reason or cause whatsoever.

Termination

23. The Association reserves the right to terminate any deposit by giving 1 month's prior notice in writing, upon which the Association will refund any deposit fee pro-rata to the end of the month of termination.

24. The Association will terminate a deposit upon the depositor's request or upon the expiry of the depositor's membership with the Association which is not renewed, but under no circumstances will the deposit fee be refundable.

Amendment of Rules and Regulations

25. The Association reserves the right to amend any rules and regulations regarding the depository services from time to time.

Re-sealing

26. When the original seal is detached from any deposited item for whatever reason, the Centre shall contact the depositor and reseal such item in his/her presence.

Other Forms of Protection

27. Certain artistic works may be registrable under the Registered Designs Ordinance in respect of shape, configuration, pattern or ornament applied to an article. Enquiries or applications for deposit should be made to the Intellectual Property Department of The Government of the Hong Kong Special Administrative Region, or legal advice should be sought.