Intellectual Property Protection

(Translation)

 

16 Co-operation Measures for the Development of the
Qianhai Shenzhen-Hong Kong
Intellectual Property and Innovation Hub by the
Authority of Qianhai Shenzhen-Hong Kong Modern Service Industry
Cooperation Zone of Shenzhen Municipality and the
Commerce and Economic Development Bureau of the
Government of the Hong Kong Special Administrative Region

 

The Authority of Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone of Shenzhen Municipality (“Qianhai Authority”) and the Commerce and Economic Development Bureau of the Government of the Hong Kong Special Administrative Region (“HKSARG”) have, under the framework of “One Country, Two Systems”, and adopting the “early and pilot implementation” approach, jointly examined and formulated the following measures to implement in depth the strategies in the Plan for Comprehensive Deepening Reform and Opening Up of the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone, the Outline Development Plan for the Guangdong-Hong Kong-Macao Greater Bay Area, and the Outline for Building an Intellectual Property Powerhouse (2021-2035), with a view to promoting the development of Hong Kong into a regional intellectual property (“IP”) trading centre and supporting the development of the Qianhai Shenzhen-Hong Kong IP and innovation co-operation hub.

 

I. Promote the harmonisation of IP rules and systems between Shenzhen and Hong Kong

1. Establish a mechanism for advancing Qianhai Shenzhen-Hong Kong IP co-operation. A taskforce for advancing Qianhai Shenzhen-Hong Kong IP co-operation will be set up by the Qianhai Authority, together with relevant members of the Joint Conference of Intellectual Property of Shenzhen Municipality, and the Intellectual Property Department (“IPD”) and the Customs and Excise Department of the HKSARG and the Hong Kong Trade Development Council to meet regularly and establish project collaboration mechanisms for advancing Shenzhen-Hong Kong co-operation in areas such as cross-boundary IP protection, exchange and study, promotion and education, exploitation and transformation, IP trading, etc.

2. Strengthen cross-boundary collaboration on IP protection between Qianhai Shenzhen and Hong Kong. Support the establishment of a robust communication and co-ordination mechanism by the IP law enforcement agencies of Shenzhen and Hong Kong to enhance the efficiency of cross-boundary IP protection between Qianhai Shenzhen and Hong Kong.

3. Enhance the Qianhai jury system for IP cases. Support the Shenzhen Intellectual Property Tribunal to enhance its system for Hong Kong IP expert jurors to participate in Qianhai IP cases. Promote exchange of IP-related information in the Guangdong-Hong Kong-Macau Greater Bay Area.

4. Establish a co-operation mechanism for IP arbitration. Support the establishment of a co-operation mechanism between the China (Shenzhen) Intellectual Property Arbitration Center and the relevant arbitration bodies in Hong Kong to actively attract IP arbitrators from Hong Kong, with a view to further leverage the strengths of IP arbitration and protection, expand the scope of cases covered by IP arbitration, and raise the awareness of IP arbitration and protection among high-tech enterprises.

 

II. Support the exploitation and transformation of Hong Kong’s IP in Qianhai

5. Support the establishment of technology transfer centres. Encourage leading enterprises to join hands with Hong Kong higher education institutions and research and development (“R&D”) centres to establish technology transfer centres in Qianhai, with a view to carrying out work such as the introduction and transformation of overseas advanced technological achievements, nurturing international innovative talents, facilitating technology exchanges and co-operation among key industries, etc. A subsidy amounting to 50% of the actual operating cost incurred in the previous year (up to Renminbi (“RMB”) 1 million per year) will be provided. Encourage technology transfer centres in Qianhai to set up branches in Hong Kong, and for those setting up such branches with prior consent from the Qianhai Authority, a one-off subsidy of RMB 500,000 will be provided.

6. Support the commercialisation of R&D results. Support the co-operation between Qianhai enterprises and Hong Kong higher education institutions as well as R&D centres through patent transfer, licensing, capital contribution, etc.  For eligible institutions under the Implementation Measures for Supporting the Scientific and Technological Innovation by the Authority of Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone of Shenzhen Municipality, an annual subsidy up to RMB 500,000 will be provided.

7. Support the transformation of award-winning projects in IP competitions. For Hong Kong teams having won the third prize or above in national and provincial IP competitions in the previous year, and newly registered and established enterprises in Qianhai for starting the commercialisation of the winning projects, a one-off reward of RMB 100,000 will be provided to each registered enterprise established.

8. Encourage the establishment of IP operation funds. Support the establishment of IP operation funds in Qianhai by Hong Kong, Macao and foreign investment institutions in accordance with the law.  For eligible institutions under the Interim Measures for the Management of Dedicated Funds Supporting the Development of the Financial Industry by the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone of Shenzhen Municipality, rewards for establishment in Qianhai, support for institutional clusters, office subsidies, support for management teams, etc. will be provided.  For eligible institutions under the Measures for the Administration of Industry Investment Guiding Funds in Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone of Shenzhen Municipality with investments in the Hong Kong start-up teams in Qianhai accounting for not less than 70% of the total investments, the Qianhai Industry Guiding Funds will participate in the fund establishment through partnership or shareholding.

9. Enhance IP financial services. For Hong Kong enterprises in Qianhai which have secured financing by pledging IP rights (patents, trademarks, copyrights, etc.) or by engaging IP rights in capital market security transactions, a subsidy amounting to 50% of the actual total financing cost in the previous year (up to RMB 1 million) will be provided.

 

III. Foster cross-boundary IP services

10. Support the development of Shenzhen-Hong Kong cross-boundary IP services. Support the setting up of reciprocal enquiry points for IP matters in Shenzhen and Hong Kong by the China (Shenzhen) Intellectual Property Protection Centre and IPD of the HKSARG, with a view to enhancing cross-boundary IP services between Shenzhen and Hong Kong.

11. Speed up the formation of cluster of international IP services agencies. Support Hong Kong and international IP services agencies to establish operation in Qianhai.  For eligible agencies under the Interim Measures for the Management of Dedicated Funds for the Development of Professional Service Industry in Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone of Shenzhen Municipality, a one-off establishment subsidy up to RMB 2 million will be provided.

12. Support the building of the International IP Integrated Operation Services Centre in Qianhai. Encourage the International IP Integrated Operation Services Centre (“the Centre”) in Qianhai to pool IP resources from Shenzhen and Hong Kong through marketisation for the development of an IP financial services platform and an incubation platform for assignment, licensing and transfer of international patented technology, as well as an IP exchange and co-operation base for the international trade and modern service industries. Support the Centre to set up branches in Hong Kong by providing a subsidy amounting to 30% of the actual operation cost in Hong Kong (up to RMB 2 million per year) for three consecutive years.

13. Launch digitalisation of IP services. Support Qianhai IP services agencies to use blockchain and other digital technologies to provide IP-related services such as deposit of IP evidence, IP surveillance, taking of IP evidence, etc. for Hong Kong enterprises and residents. A subsidy amounting to 3% of the revenue generated from the services (up to RMB 200,000 per year) will be provided.

 

IV. Develop the Qianhai Shenzhen-Hong Kong IP and Innovation Hub

14. Encourage the creation, transformation and commercialisation of high-value patents. Support Hong Kong enterprises in Qianhai to implement strategies to develop international markets of high-value patents and to actively implement patent transformation and exploitation through the Patent Cooperation Treaty, the Paris Convention for the Protection of Industrial Property, etc. For patent-intensive products which have been recognised and registered by the China National Intellectual Property Administration, a subsidy of RMB 20,000 will be provided to each product (based on recognised product as registered). Each enterprise may receive a subsidy up to RMB 200,000 per year.

15. Encourage Hong Kong IP professionals to practise in Qianhai. For Hong Kong and Macao residents as well as foreigners who have worked in IP services agencies in Qianhai for two years and have obtained the qualifications of senior IP practitioner and senior engineer in patent management, each will be provided a one-off reward of RMB 100,000; and for those who have obtained the qualification of patent attorney, each will be provided a one-off reward of RMB 50,000.

16. Support the organisation of IP activities in Shenzhen and Hong Kong. Support the organisation of large-scale IP activities such as international exhibitions, trade expos, forums, etc. in Qianhai. For activities which have obtained prior mutual consent and support from the relevant departments and organisations of the HKSARG and the Qianhai Authority, the organisers will be provided with a subsidy amounting to 30% of the audited actual cost of the activity (up to RMB 1.5 million). To encourage Qianhai enterprises to participate in IP exhibitions organised by relevant departments and organisations of the HKSARG, each participating enterprise will be provided with a subsidy amounting to 10% of the actual participation cost (up to RMB 50,000 per year).

 

V. Others

The subsidies involved in the aforesaid measures will be borne by the Qianhai Authority. The subsidies will be released in accordance with the relevant implementation rules at the Appendix. All rewards and subsidies are provided in RMB.

The measures will be implemented from 23 February 2023 and are effective for three years.

 

[Note: This document contains the main text only.]

 

Disclaimer:

This document has been translated into English.  If there is any inconsistency or ambiguity between the English version and the Chinese version, the Chinese version shall prevail.