Geographical Indications Law in Hong Kong
Geographical Indications (GI) Law in Hong Kong
Hong Kong has a distinct and independent legal system from mainland China under the “One Country, Two Systems” framework. This includes a separate intellectual property (IP) regime. Geographical Indications (GIs) are protected in Hong Kong under a specific registration system, rather than through collective or certification marks like in some other jurisdictions.
1. Legal Basis
The main law governing GIs in Hong Kong is:
Geographical Indications Ordinance (Cap. 607)
Came into operation on 1 April 2020
Provides a dedicated register-based system for protecting GIs.
2. Key Features of the GI Ordinance
A. Register of GIs
The Registrar of GIs maintains a public register.
Only GIs that are registered enjoy statutory protection under this ordinance.
However, unregistered GIs may still be protected under common law (e.g., through passing off) or under trademark law.
B. What Can Be Registered
GIs identifying goods from a place, where a given quality, reputation, or characteristic is essentially attributable to their geographical origin.
Covers agricultural products, foodstuffs, wines, and spirits.
C. Eligibility
GIs protected under Hong Kong law or recognized in their place of origin can be registered.
The GI must not be:
Generic
Misleading
Contrary to public order or morality
D. Protection Granted
Prevents unauthorized use of a registered GI for:
Goods not originating from the geographical area
Use in translation or transliteration
False representations about the GI
3. Enforcement of GI Rights
Civil remedies: The GI holder can bring civil actions against infringers.
Customs and Excise Department: May assist in seizure and investigation of infringing goods.
Misuse of a registered GI may lead to injunctions, damages, and account of profits.
4. International Context
Hong Kong is a party (via China) to:
WTO TRIPS Agreement – which sets minimum GI protection standards.
Hong Kong’s GI system complies with TRIPS, particularly for wines and spirits.
5. Examples of GIs in Hong Kong
Registered GIs include:
Champagne (France)
Scotch Whisky (Scotland)
Prosciutto di Parma (Italy)
Tequila (Mexico)
Hong Kong currently does not have any local GIs registered as of now, but local producers could pursue registration if their products meet the criteria.
6. Application Process Overview
File application with the Intellectual Property Department (IPD).
Pay registration fees.
Undergo examination and publication.
Subject to opposition period before final registration.
Summary Table
| Feature | Detail |
|---|---|
| Governing Law | Geographical Indications Ordinance (Cap. 607) |
| Administering Authority | Intellectual Property Department (IPD) |
| Registration Required for Statutory Protection | Yes |
| Protection Scope | Agricultural products, foodstuffs, wines, spirits |
| Enforcement Mechanisms | Civil action, customs enforcement |
| TRIPS Compliant | Yes |
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