What is Intellectual Property (IP)?

  • Formal meaning: Creations of the mind
  • Including inventions, literary and artistic works, symbols,
    names, images, and designs
  • Knowledge and information which can be used in creation of
    physical objects which can be experienced by any of the five senses
  • No limitation of number of copy and location
  • Intellectual Property Laws (IP Laws) grant owners of IP certain exclusive rights on their right

Common Type of Intellectual Property Laws:

  • Copyrights
  • Trademarks
  • Patents
  • Industrial Design Rights
  • Trade Secrets (available in some jurisdictions)

Administration of Intellectual Property Laws:

Intellectual Property Department (http://www.ipd.gov.hk/)

  • It is primary department for enforcement of IP law in Hong Kong
  • Administrates the Trademarks Ordinance, the Patents Ordinance, and the Registered Designs Ordinance for registration and protection of trademarks, patents and designs
  • Operating the Trademarks, Patents, Designs and Copyright Licensing
    Bodies Registries.
  • Negotiate and implement of IP related international treaties

Customs and Excise Department (http://www.customs.gov.hk/)

  • enforces the criminal aspects in case of infringement of
    Intellectual
    Property rights in Hong Kong

Intellectual Property Law in Hong Kong:

1. Copyright Ordinance:
  • No registration or other formalities are required in order  to get legal copyright protection in Hong Kong.
  • Any work that is original and recorded in material form is liable to copyright protection in Hong Kong.
  • A copyright work 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.
2. Trademarks Ordinance and Trademark Rules:
  • Trademark means a distinct sign to let people to distinguish product of an business from another
  • Registered trademark are protected under the Trademark Ordinance, owner  of a trademark can seek legal action against an infringer of your trademark.
  • Trademarks registered in other jurisdiction are not protected in Hong Kong
3. Patents Ordinance and Patents Rules:
  • Patent give exclusive rights to an invention owners, so this is a legal protection to an invention owner by preventing from unauthorized use (importing, exporting, manufacturing, selling, and any other form in making wealth).
  • Patents are granted if one of the following patent office grant it:
  • 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.
  • Two type of patents in Hong Kong – Standard patents and short-term patents:
  1. Standard patent:
  • Renewable annually for a maximum of 20 years
  1. Short-Term patent:
  • Renewable, after four years from filing, for a maximum term
    of eight
    years
  • The same to registration of trademark, patents registered
    in other
    jurisdiction are not protected in Hong Kong
4. Registered Designs Ordinance and Registered Designs Rules
  • The factors such as sharp, configuration, pattern or ornament involve in a visible product and the combination of these factors is visible to
    naked eye, owner of this product can register the design of it for protection from infringement.
  • The design must be new at the time of registration (i.e. the design is already in manufacturing and selling are not applicable)
  • The design registration is renewable every five years for up to 25 years
  • The same to registration of patent, design registered in other jurisdiction are not protected in Hong Kong
  • The same to copyright, a design work 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.