—(1) Subject to subsection (2), where an application is filed by or with the consent of the owner of copyright in an artistic work for the registration of a corresponding design, the design shall not be treated for the purposes of this Act as being other than new by reason only of any use previously made of the artistic work.
(2) Subsection (1) shall not apply if the previous use consisted of or included the sale, letting for hire, or offer or exposure for sale or hire of articles to which had been applied industrially —
the design in question; or
a design differing from it only in immaterial details or in features which are variants commonly used in the trade,
and that previous use was made by or with the consent of the copyright owner.
(3) The Minister may make rules to provide for the circumstances in which a design is to be regarded as having been applied industrially to articles or any description of articles for the purposes of this section.
[HK Designs, s. 10]