Protection of Intellectual Property (IP) in Hong Kong (Point Form)
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:
- Industrial Design Rights
- Trade Secrets (available in some jurisdictions)
Administration of Intellectual Property Laws:
- 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
- Negotiate and implement of IP related international treaties
- enforces the criminal aspects in case of infringement of
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:
- Standard patent:
- Renewable annually for a maximum of 20 years
- Short-Term patent:
- Renewable, after four years from filing, for a maximum term
- The same to registration of trademark, patents registered
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.