According to The Global Competitiveness Report 2009-2010, Hong Kong holds #23 position in the world (its main competitor Singapore happens to be #1) for its intellectual property laws and protection.

The government of Hong Kong recognizes the contribution of Intellectual Property to its economy and is committed to the protection of Intellectual Property Rights (IPR) of both domestic and foreign investors. The Intellectual Property Department is responsible for this task and monitors the IP regime in Hong Kong. It is well recognized for its extensive experience in handling IP matters. It enforces stringent regulations for patents, copyrights, trademarks and registered designs in Hong Kong.

This guide is an introduction to the Intellectual Property laws of Hong Kong.

What is Intellectual Property?

According to the World Intellectual Property Organization, “Intellectual Property (IP) refers to creations of the mind: inventions, literary and artistic works, symbols, names, images, and designs used in commerce. Intellectual Property relates to items of information or knowledge that can be incorporated in tangible objects at the same time, in an unlimited number of copies at different locations anywhere in the world. The property is not in those copies but in the information or knowledge reflected in them.” Intellectual property concepts and the corresponding fields of law can help create distinct types of legal monopolies over creations of the mind, both artistic and commercial. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs.

Common types of Intellectual Property include copyrights, trademarks, patents, industrial design rights and trade secrets in some jurisdictions. Intellectual Property can include inventions, trademarks, service marks, industrial designs, electronic circuit designs, commercial names, designations, and geographic indications. It can also include signs that convey information about a particular product or service and its protection prevents the use of similar signs that mislead consumers.

Intellectual Property Law in Hong Kong

Intellectual Property rights are a range of rights that you can exercise over different aspects of your business and products. The most common IP rights are copyright, registered design, patent and trademarks. Each of these rights is distinct in nature and offers protection in different ways.

Hong Kong’s Copyright Law

• Copyright is a particular type of Intellectual Property; it is the exclusive right granted to the author of an original work, including the right to authorize or ban the publication, distribution and adaptation of that work. Copyright only lasts for a certain time period after which the work is said to enter the public domain.
• Copyright applies to any expressible form of an idea or information that is substantive and discrete and fixed in a medium. Copyright can relate to works of authorship including literary, dramatic, musical, and artistic works such as books, paintings, music, sculptures, novels, movies, songs, computer software, electronic databases, and architecture.
• Copyright offers protection to owners of original work. Copyright does not protect ideas, but only the expression or product of ideas. This right is automatically conferred when a work is created.
• Any work that is original and recorded in material form is liable to copyright protection in Hong Kong.
• Hong Kong’s Copyright Ordinance provides comprehensive protection for recognized categories of literary, dramatic, musical and artistic works, films, television broadcasts, cable programs, and works made available to the public on the Internet. In relation to performances, persons who have exclusive recording contracts with performers are also entitled to protection. Additionally, copyright protection in Hong Kong is also extended to works of authors from any place in the world, or works first published anywhere in the world.
• No registration or other formalities are required in order to get legal copyright protection in Hong Kong.
• Your copyright to works created in Hong Kong is valid in other countries by virtue of Hong Kong being a member of an international copyright convention, treaty or organization. Currently, Hong Kong is a member of the Berne Convention, Universal Copyright Convention, the Phonograms Convention and the World Trade Organization – Agreement on Trade Related Aspects of Intellectual Property Rights.
• UK Copyright Act of 1956 initially governed Hong Kong’s copyright law. However, the Hong Kong Copyright Ordnance of June 1997 replaced the UK Copyright Act and is now the principal and comprehensive legislation governing copyright protection in Hong Kong. Subsequently, The Copyright Tribunal, an independent quasi-judicial body was established on December 1, 1997 under section 169 of the Copyright Ordinance and is a forum for resolving disputes related to the use of copyright materials.

For details, please refer to An Introduction to Hong Kong’s Copyright Laws.

Hong Kong’s Trademark Law

• A trademark is a distinct sign that serves to distinguish goods and services of an enterprise from those of another. Trademark registration protects the owner of the mark and the exclusive rights to use the mark to identify the trademark owner’s goods or services. It prevents another trader or enterprise from using a similar mark to promote his goods or services.
• The relevant authority for registration of trademarks in Hong Kong is the Trade Marks Registry.
• Trademark registration in Hong Kong is required for territorial protection of registered trademarks within the geography of Hong Kong.
• It is not mandatory to register your trademark in Hong Kong. Note that if you do not register your trademark you are not protected under the trademark law and you cannot seek legal action against an infringer of your trademark.
• Trademarks registered under the Trademark Registries of other countries, including the People’s Republic of China, do not receive protection in Hong Kong.
• Trademark law in Hong Kong consists of the Trademarks Ordinance and Trademark Rules. The Trademark Ordinance came into effect in April 2003 and is based on UK’s trademark law.

For details, please refer to Hong Kong Trademark Registration Guide.

Hong Kong’s Patent Law

• A patent protects an invention by preventing others from manufacturing, using, selling or importing the patented invention. A patent offers legal protection to the inventor by giving him exclusive rights to use his invention.
• In Hong Kong, patents are only granted to new, inventive and industrially applicable inventions, provided they do not belong to the excluded classes on inventions.
• There are two types of patents in Hong Kong: Standard patents and short-term patents. Protection under standard patents is renewable annually for a maximum of 20 years. Protection under short-term patents is renewable, after four years from filing, for a maximum term of eight years.
• In Hong Kong, standard patents are granted on the basis of the registration of a patent granted by any one of the following three designated patent offices:
  • State Intellectual Property Office, People’s Republic of China,
  • European Patent Office, in respect of a patent designated the United Kingdom, and
  • United Kingdom Patent Office.
• In Hong Kong, short-term patents are granted based on a search report from an international searching authority or one of three designated patent offices.
• The relevant authority for registration of patents in Hong Kong is the Patents Registry.
• Patent registration in Hong Kong is required for territorial protection of registered patents within the geography of Hong Kong.
• Patents registered under the Patent Registries of other countries, including the People’s Republic of China, do not receive protection in Hong Kong.
• Patent law in Hong Kong consists of the Patents Ordinance and Patents Rules. The Patents Ordinance has been in force since June 1997.

Hong Kong’s Design Law

• The design element of a product such as its shape, configuration, pattern or ornament can be registered, provided the design is visible to the naked eye. Design registration protects the owner of the design and the exclusive right to use the design. It prevents others from manufacturing, importing, using, selling or hiring the design product. Registered designs protect only the appearance of products and not the way in which the product relating to the design works.
• Registered design protection is renewable for periods of five years up to a maximum of 25 years.
• Design registration in Hong Kong is required for territorial protection of registered designs within the geography of Hong Kong.
• Designs registered under the Design Registries of other countries, including the People’s Republic of China, do not receive protection in Hong Kong.
• The relevant authority for registration of designs in Hong Kong is the Designs Registry.
• The design must be new at the time of registration in Hong Kong. The design registration is invalid if the design has been published, publicized or used in the manufacturing stage of the product at the time of registration.
• Design registration in Hong Kong gives you priority for design registration, within six months, in certain other countries and territories, by virtue of Hong Kong being a member of international conventions.
• Registered design law in Hong Kong consists of the Registered Designs Ordinance and Registered Designs Rules

Administration of IP Law in Hong Kong

There are two government agencies that are responsible for the administration of IP law in Hong Kong – the Intellectual Property Department and Customs and Excise Department.

Intellectual Property Department

The Intellectual Property Department of Hong Kong is the primary agency responsible for the enforcement of IP law in Hong Kong. Some of the key responsibilities of the Intellectual Property Department include:

• Advising the Commerce and Economic Development Bureau on Intellectual Property policies and legislation.
• Administering the Trademarks Ordinance, the Patents Ordinance, and the Registered Designs Ordinance for registration and protection of trademarks, patents and designs, and conducting hearings under these Ordinances.
• Participating in negotiation and implementation of Intellectual Property related international treaties;
• Operating the Trademarks, Patents, Designs and Copyright Licensing Bodies Registries.

Customs & Excise Department

The Customs and Excise Department enforces the criminal aspects in case of infringement of Intellectual Property rights in Hong Kong.

On a Final Note

Given Hong Kong’s position as an international trading center, the Hong Kong government is committed to providing proactive Intellectual Property protection in the interest of nurturing a free and fair business environment for its investors.

It is advisable to engage the services of a professional firm who will register your trademark, patent or design in Hong Kong for the following reasons:

• The firm will ensure that your application complies with the legal requirements, thereby minimizing the chances of application rejection.
• A firm will competently respond to any clarifications sought by the Registry or any objections raised during the registration process.
• By hiring a professional services firm, you will save time and resources.