Hong Kong
Patent/IP in Hong Kong
Related forum posts
Intellectual Property
For a list of Patent Attorneys, please click on the 'Patent Attorneys in Hong Kong' tab located above.
Intellectual Property, or IP, as it is colloquially called, is characterised as legal protection for commercially precious products of human intellect. There are, generally, three forms of IP: patents, copyrights and trademarks. Although these articles are similar many some ways, they each have individual idiosyncrasies and definitions which make them unique. Perhaps most importantly, there is no physicality to intellectual property. If effectively safeguards an intangible idea or process.
Patents
Generally speaking, patents are granted to inventors for inventions. These can include anything from machinery, tools, processes, chemicals, biotechnology, software, etc.
To qualify for a patent, an inventor must invariably create something that is:
- Of patentable matter
- Unique to patentee
- Merited and can be utilised
- Innovative
- Non-obvious
Under a patent, the patentee reserves the right stop or limit others from utilising and trading the invention. Without explicit permission from the patentee, persons using the patent in any of these ways are infringing, and could be subjected to legal action.
You need to file an application with the Patents Registry of the Intellectual Property Department. Applying for a patent elsewhere in the world or in other regions of China does not automatically give you protection in Hong Kong. You can file your application in English or in Chinese.
Trademarks
Trademarks are used to denote epithets, logos, symbols, slogans, etc, that are individual to a business and product. Fundamentally, the things that distinguish your product or service from a competitor's. Businesses understandably go to endless lengths to have control over their trademarks. Therefore, any persons found infringing upon them through unlawful use could be subject to legal action.
Famous examples of trademarks are Coca Cola and McDonald's.
The Hong Kong Trade Marks Registry opened was established two years before the United Kingdom Trade Marks Registry. Although it is based closely on the United Kingdom Trade Marks Act 1994, it is an independent piece of legislation. The Hong Kong Trade Marks Ordinance places emphasis on the first-come-first-served system followed in China, which deviates from the previous law. The Ordinance recognises rights in renowned trademarks consistent with the Paris Convention.
Copyright
Copyright gives someone to sell and reproduce a protected product, which is invariably printed work. Things like books, magazines, websites, photographs, music, film and art are common examples of copyrighted work. Copyright denotes five rights of the author, artist, etc: reproduction, distribution, adaptation, performance and display. Use of such materials or works without the explicit permission of the copyright holder is classed as infringement, and persons doing so could be subject to legal action.
Registration OfficeIntellectual Property Department
24/F & 25/F Wu Chung House
213 Queen's Road East
Hong Kong Tel: +852 2961 6901
Fax: +852 2838 6315
Website: www.ipd.gov.hk
E-mail: www.ipd.gov.hk
