1、 Hong Kong Intellectual Property Legal Framework
The intellectual property legal framework in Hong Kong consists of a series of local laws and international treaties aimed at protecting different forms of intellectual property. Local laws include the Patent Regulations, which stipulate the application, registration, and protection of standard patents and short-term patents; The Trademark Regulations regulate the registration and protection of trademarks; The Copyright Regulations protect the copyright of literary, artistic, musical, and film works; The Regulations on the Registration of Designs, which protect the appearance design of products; And the Regulations on the Protection of Integrated Circuit Layout Design and the Regulations on the Protection of Plant Varieties, which respectively protect the layout design of integrated circuits and the breeding achievements of plant varieties.
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patent
The Patent Ordinance in Hong Kong came into effect on June 27, 1997. Hong Kong has two types of patents, namely standard patents and short-term patents. Standard patents include original granted standard patents and transcribed standard patents. The former can apply directly in Hong Kong, while the latter is registered in Hong Kong based on patents authorized by the China National Intellectual Property Administration of China, the European Patent Office or the British Intellectual Property Office. Short term patents are applied for locally in Hong Kong and obtained after formal examination, with a protection period of 8 years. The Hong Kong Intellectual Property Department is responsible for the registration, examination, and publication of patents to ensure the effective operation of the patent system.
The original patent system in Hong Kong has been implemented since 2019, providing a pathway for patent applicants to directly apply for standard patent protection for up to 20 years in Hong Kong, in addition to the existing "re registration" pathway (i.e. transcription patents). The original authorized patent application needs to undergo substantive examination by the Patent Registry under the Hong Kong Intellectual Property Department to determine whether the invention has novelty, creativity, and industrial applicability, in order to be granted a patent. According to the "re registration" approach, patent applicants need to first submit an application to one of the three designated patent offices outside Hong Kong (the China National Intellectual Property Administration, the European Patent Office and the British Intellectual Property Office respectively), and then submit a re registration application to the Intellectual Property Office to obtain the Hong Kong transcription standard patent.
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exterior design
The Hong Kong Special Administrative Region has established a unique design registration system, which does not conduct substantive examination and only requires meeting formal requirements to enter the registration process. Under this institutional framework, the initial validity period of a design is 5 years from the date of submission of the registration application, and can be renewed for 5 years at a time after expiration. However, the total validity period of its registration shall not exceed 25 years from the date of submission of the application. Through this series of legal provisions, Hong Kong provides strong protection for the intellectual property rights of design, ensuring that the design rights holder has the exclusive right to use the design within the prescribed period, effectively preventing unauthorized use by others, and effectively safeguarding the legitimate rights and interests of design owners, thereby stimulating more innovation and promoting the healthy development of the design field and fair and orderly market competition.
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copyright
The Copyright Ordinance in Hong Kong has been in effect since 1997 and has undergone multiple revisions to adapt to technological developments and international standards. According to the regulation, copyright protection covers categories such as literature, drama, music, artistic works, sound recordings, films, radio or cable programs, as well as typesetting and arrangement of published versions of literary, dramatic or musical works. To enjoy copyright, a work must be presented in "substantive form", that is, recorded in writing or other forms such as computer storage, magnetic tape, etc. In addition, the work must be original, meaning it originates from the author's creation rather than plagiarism.
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trademark
The Trademark Ordinance and Trademark Rules of Hong Kong came into effect on April 4, 2003, forming the main legal basis for trademark registration and protection in Hong Kong. According to these laws, trademarks can be text, graphics, letters, numbers, sounds, etc., as long as they can distinguish the goods or services of different enterprises. The application for trademark registration needs to be submitted to the Hong Kong Intellectual Property Department. After successful registration, the trademark holder enjoys an exclusive right to use the trademark in Hong Kong for a period of ten years, which can be renewed after the expiration. Registered trademarks in Hong Kong are protected by law to prevent unauthorized use of identical or similar trademarks, thereby ensuring the uniqueness and market competitiveness of the brand. Unregistered trademarks are only protected under the common law of counterfeiting in Hong Kong. When trademark holders discover infringement, they can protect their rights by sending pre litigation letters, filing civil lawsuits, or filing complaints with Hong Kong Customs.
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layout-design of integrated circuits
The Integrated Circuit Layout Design Protection Ordinance in Hong Kong came into effect on June 30, 1997. This regulation aims to protect the layout design (topology) of integrated circuits, which are used for computer chips and other devices that rely on computer technology, such as medical equipment such as televisions, mobile phones, hearing aids, and other products with electronic components. According to this regulation, once a layout design (topology) is created, its rights are automatically protected and do not require registration. To be protected, the layout design must be original and documented in writing or integrated into the circuit. Joint venture owners have the right to copy or use their protected layout designs for commercial development purposes.
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plant variety
The Plant Variety Protection Ordinance in Hong Kong came into effect on October 24, 1997. This regulation aims to provide a legal avenue for plant breeders (or plant variety owners) to apply for patent rights, in order to safeguard the cultivated or discovered and developed plant varieties. This regulation applies to all genera and species of vascular plants, as well as edible fungi and algae. The owner of plant variety rights has the exclusive right to produce propagation materials of protected varieties, sell or offer for sale, import/export propagation materials of protected varieties, and authorize others to carry out the above activities through franchising.
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international treaty
Hong Kong has signed multiple international treaties that comply with global intellectual property protection standards, such as the Nice Agreement and the World Intellectual Property Organization Performances and Phonograms Treaty. The implementation of these treaties has strengthened Hong Kong's intellectual property protection capabilities on the international stage.
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Cross border legal coordination
The Hong Kong SAR government continuously cooperates and engages in dialogue with international organizations and other jurisdictions to ensure the international coordination and consistency of the legal system. This includes achieving cross-border protection and enforcement facilitation of intellectual property rights through bilateral or multilateral agreements.
The intellectual property legal framework in Hong Kong not only plays a crucial role in protecting the rights of creators and innovators, but also ensures that its legal system is consistent with international best practices, supporting Hong Kong's position as a global intellectual property trading center.
2、 Update and revision of intellectual property policies and regulations
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Revision of Copyright Law
The Copyright Ordinance in Hong Kong underwent its latest revision in May 2023, aimed at strengthening copyright protection in the digital environment. This revision pays special attention to the challenges posed by the development of artificial intelligence technology to copyright protection. The government plans to conduct more in-depth consultations in 2025 to improve legal protection measures related to technological progress.
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International Cooperation in Trademark Law
Hong Kong is actively preparing to implement the Protocol to the Madrid Agreement on the International Registration of Marks (Madrid Protocol), with the goal of implementing the international trademark registration system as soon as possible. This measure aims to enhance the international reputation of Hong Kong's trademark system and strengthen Hong Kong's competitive advantage in regional intellectual property trade.
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Update of Patent System
The Hong Kong Special Administrative Region government has launched the "original grant patent" system in 2019, which allows direct application for standard patent protection for up to 20 years in Hong Kong. In addition, the government will allocate additional funds from the 2022-23 to 2024-25 fiscal years to hire and train more patent examiners to enhance the examination capabilities of granted patents.
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Tax incentives for intellectual property rights
The Hong Kong Special Administrative Region government proposed the "Patent Box" tax incentive policy in 2024, aimed at encouraging the industrial and research and development sectors to create and use intellectual property through tax reductions and exemptions, and promoting the development of intellectual property trade. This not only supports innovation, but also provides important financial incentives for enterprises.
3、 The impact of intellectual property policies on the market
The updates to policies and regulations reflect the Hong Kong SAR government's commitment to strengthening intellectual property protection, while also demonstrating the government's response to global trends in intellectual property protection and the maintenance of Hong Kong's position as an international intellectual property center. The government aims to protect innovative achievements, enhance corporate competitiveness, and meet the needs of international legal development and regional cooperation through these measures. These changes not only have a direct impact on Hong Kong's intellectual property protection environment, but also provide clearer and stronger intellectual property protection for international business and investors, further consolidating Hong Kong's position as a global intellectual property trading center. The actual impact of these policy updates on the Hong Kong intellectual property market, as well as the industry's response and adjustments, are detailed as follows:
Firstly, Hong Kong has made significant regulatory updates in copyright protection, strengthening copyright protection in the digital environment. The revised Copyright Regulations to be implemented in 2023 have strengthened the protection measures for digital content, such as adding technology neutral dissemination rights and introducing "safe harbor" clauses, which are particularly crucial for combating online infringement activities. These changes have received widespread support from content creators and copyright owners as they provide stronger legal tools to protect their works from unauthorized use and dissemination.
Secondly, in terms of trademark law, Hong Kong actively promotes the preparation work for the implementation of the Madrid Protocol, which is expected to enhance the international reputation of Hong Kong's trademark system and strengthen its competitiveness as a regional intellectual property trading center. This change is widely expected by the business community to simplify the cross-border trademark registration process, reduce operational costs for enterprises, and enhance the visibility and protection of their brands in the global market.
The update of patent law also demonstrates Hong Kong's emphasis on enhancing the intellectual property framework. The government announced plans in 2024 to update the existing patent system based on international mainstream practices to support the development needs of local industries and the digital economy. In addition, the introduction of tax incentives for "patent boxes" aims to encourage research and innovation, by providing tax exemptions for eligible intellectual property creations, and stimulating more scientific research and technological development activities.
Overall, these policy updates have had a profound impact on the intellectual property market in Hong Kong. They not only enhance the protection of intellectual property rights, but also promote Hong Kong's position as a global intellectual property center. The feedback from the industry is generally positive, believing that these changes will help create a safer and more favorable business environment, while also providing more support and protection for Hong Kong enterprises to enter the international market. Through the implementation of these policies, Hong Kong's leadership position in global intellectual property protection and innovation driven development will be further consolidated.
Source: Shenzhen Intellectual Property Protection Center
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