Intellectual property issues

Intellectual property issues

Hong Kong is a leader in Asia in the protection and enforcement of intellectual property rights. Stringent laws regulate patents, copyrights, trade marks and registered designs. The Intellectual Property Department monitors the IP regime and ensures enforcement. It investigates complaints against infringements and has extensive powers of search and seizure.

1. Patents
To protect your patent, you must register it under the Patents Ordinance. To qualify, the invention must be new, involve an inventive step and be capable of industrial application. Once registered, a patent may be freely assigned or licensed. It is important to note that the Hong Kong Ordinance does not cover Mainland China. However, Hong Kong-based IP advisors may arrange for China-wide, or worldwide patent registration.

2. Trade Marks
Trade Marks or logos may be registered under the Trade Marks Ordinance. Even unregistered trade marks are afforded a certain amount of protection under Hong Kong’s Common Law system.

3. Copyright
In order to be protected by copyright law, a work or performance must be original, recorded, be one of the categories stipulated in the Copyright Ordinance and be connected to Hong Kong. If a copyright exists in a subject matter, the protection is automatic. No registration is required, even if that work or performance originates from anywhere in the world.

4. Registered Designs
A registerable design includes features of shape, configuration, pattern or ornament applied to an article by any industrial process. It affects only the outward appearance of an article which must be new and have aesthetic appeal. The Registered Design Ordinance establishes an independent designs registry in Hong Kong. Registration is for a total of 5 years, subject to renewal every five years. Registered designs can be freely assigned and licensed.