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Intellectual Property Protection
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To promote innovation, technology development and exchange, and trade and investment, the Hong Kong Special Administrative Region is fully committed to upholding a robust and effective system of intellectual property (IP) protection, which covers patents, copyright, trade marks, designs, plant varieties, and layout-design of integrated circuits. According to the 2024 World Competitiveness Yearbook published by the International Institute for Management Development in Lausanne, Switzerland, Hong Kong is ranked the 8th globally on the criterion of “intellectual property rights”.
We update our IP laws from time to time to meet Hong Kong’s prevailing social and economic needs. For example, the new “original grant patent” system was launched on 19 December 2019. The Copyright (Amendment) Bill 2022 also came into operation on 1 May 2023 to strengthen copyright protection in the digital environment.
Hong Kong’s IP regime is independent of that of the Mainland of China. Articles 139 and 140 of the Basic Law specifically provide that Hong Kong should, by its own laws, protect achievements in scientific and technological research, patents, discoveries and inventions, as well as achievements and the lawful rights and interests of authors in their literary and artistic creation.
The Government of the Hong Kong Special Administrative Region (the Government) recognises a number of international treaties, conventions, and agreements, which set out the standards, requirements, and obligations for different types of IP right (IPR) protection. Hong Kong is also a signatory to the World Trade Organization's Trade-Related Aspects of Intellectual Property Rights Agreement . Hong Kong's IPR regime is fully compatible with our international obligations and conforms to international standards on the protection of IPR.
The Commerce and Economic Development Bureau assumes, among others, policy responsibility for IPR within the Government and is assisted by the Intellectual Property Department (IPD) in executive functions such as registration of patents, designs, and trade marks, and by the Customs and Excise Department in IP enforcement respectively.
The statutory Copyright Tribunal adjudicates disputes on copyright royalties payable to copyright licensing bodies.
Intellectual property trading
IP commercialisation is important to the continuous development of a knowledge-based economy. Like other advanced economies, Hong Kong is capitalising on IP as a new growth area, and developing the IP industry into a vibrant sector that helps boost the economy and create job opportunities.
The National 14th Five-Year Plan states for the first time the support for Hong Kong to develop into a regional IP trading centre. We will continue to implement a series of initiatives to promote the development of IP trading in Hong Kong, including strengthening Hong Kong’s IP regime, promoting IP exploitation and fostering manpower building, and stepping up promotion, education and external collaboration.
The “Outline Development Plan for the Guangdong-Hong Kong-Macao Greater Bay Area (GBA)” (“GBA Outline Development Plan”) also supports to fully leverage the advantages of Hong Kong in IP protection and related professional services and the development of Hong Kong into a regional IP trading centre. We will continue to co-operate closely with the Mainland authorities and implement measures to promote IP trading and professional services in the GBA.
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
We welcome traders and investors from around the world to make use of Hong Kong as a regional IP trading centre, or set up business here to tap the thriving IP markets in Mainland China and beyond.
Hong Kong – Regional IP Trading Centre, a website launched by IPD, provides one-stop access to information on Hong Kong as an Regional IP trading centre.
Trade Marks (Amendment) Ordinance 2020
- Full text of the Trade Marks (Amendment) Ordinance 2020
- Legislative Council Brief of Trade Marks (Amendment) Ordinance 2019
- Press Release
- Papers and Reports relating to the Bills Committee of the Legislative Council on the Trade Marks (Amendment) Bill 2019 are available on the website of the Legislative Council : https://www.legco.gov.hk/yr18-19/english/bc/bc07/general/bc07.htm.
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