Intellectual Property Laws at Hong Kong
Hong Kong maintains a robust and independent intellectual property (IP) system, distinct from that of Mainland China, underpinned by its own laws and international commitments. The Hong Kong Special Administrative Region (HKSAR) is renowned for its comprehensive IP protection, aligning with global standards and fostering innovation and trade.
๐๏ธ Key IP Laws and Framework
1. Patents
New Patent System:Introduced in December 2019, this system allows for the granting of patents based on local examination, complementing the existing "standard" patent route via the Patent Cooperation Treaty (PCT)
Legal Basis:Patents are governed by the Patents Ordinance (Cap. 514), which provides protection for inventions that are new, involve an inventive step, and are capable of industrial application
2. Trademarks
Trade Marks Ordinance (Cap. 559):This ordinance facilitates the registration of trademarks, including certification and collective marks. It also streamlines procedures for assignments and licensing.
Madrid Protocol:Hong Kong is a member, allowing for international trademark protection through a single application
3. Copyright
Copyright Ordinance (Cap. 528):Protects original works in nine categories, including literary, dramatic, musical, and artistic works, as well as sound recordings, films, broadcasts, and cable programmes.
Duration:Generally, copyright lasts for the life of the author plus 50 years, or 50 years from the end of the year in which the work was first made available to the public if the author is unknown
4. Designs
Registered Designs Ordinance (Cap. 522):Provides protection for the visual design of products that are new and have individual character
5. Other IP Rights
Trade Secrets:Protected under common law principles and the Trade Descriptions Ordinance (Cap. 362)
Layout-Designs of Integrated Circuits:Protected under the Layout-Designs (Topographies) of Integrated Circuits Ordinance (Cap. 445)
Plant Varieties:Protected under the Protection of New Plant Varieties Ordinance (Cap. 490)
๐ก๏ธ Enforcement and Administration
Intellectual Property Department (IPD) Oversees the registration of patents, trademarks, designs, and copyright licensing bodies. It also advises the government on IP policies and legislation.
Customs and Excise Department Responsible for enforcing IP rights, including investigating infringements and taking criminal action against counterfeit good.
๐ International Agreement
๎Hong Kong is a signatory to several key international treatis:
**World Trade Organization (WTO)*: Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIP).
**World Intellectual Property Organization (WIPO)*: Berne Convention, Madrid Protocol, Hague Agreement, and othes.
๐ผ IP as a Business Asst
Hong Kong is positioning itself as a regional IP trading centre, offering services such as IP commercialisation, licensing, and dispute resolution. The government supports this initiative through various programmes and collaborations with Mainland China and other regins.
RELATED Blog
0 comments