Intellectual Property Protection in Hong Kong: Trademarks, Patents, and Copyright

Hong Kong maintains a robust intellectual property (IP) regime that provides comprehensive protection for trademarks, patents, copyright, and other forms of IP. This guide covers the key IP rights available in Hong Kong, how to register and enforce them, and the practical steps businesses and creators should take to protect their IP assets.

Trademarks in Hong Kong

What Can Be Registered?

A trademark is any sign that is capable of distinguishing the goods or services of one business from those of another. Registrable signs include words, logos, letters, numerals, colours, shapes, sounds, and combinations thereof. The sign must be distinctive — either inherently distinctive or having acquired distinctiveness through use.

Registration Process

Trademark registration in Hong Kong is administered by the Trade Marks Registry (part of the Intellectual Property Department, IPD). The process involves: filing an application identifying the applicant, the mark, and the class(es) of goods/services; examination by the Registry for compliance with formal requirements and absolute grounds for refusal (e.g., descriptive marks, deceptive marks); publication in the Hong Kong Intellectual Property Journal for opposition purposes (three-month opposition window); and if no opposition is filed (or any opposition is overcome), registration and issue of a certificate of registration.

Registration is for an initial period of 10 years and is renewable indefinitely for further 10-year periods. A registered trademark gives the owner the exclusive right to use the mark in Hong Kong in relation to the registered goods/services.

The Madrid System

Hong Kong is accessible via the Madrid System for international trademark registration. Through the World Intellectual Property Organization (WIPO), a single “international application” based on a home-country application or registration can designate Hong Kong and over 130 other member territories. This is an efficient route for businesses seeking trademark protection across multiple jurisdictions simultaneously.

Well-Known Marks

Hong Kong law also protects well-known trademarks (as defined under the Paris Convention and the TRIPS Agreement) even if they are not registered in Hong Kong. Protection covers use that would cause confusion with the well-known mark or take unfair advantage of, or be detrimental to, the distinctive character or repute of the mark.

Enforcement

A registered trademark owner can bring civil proceedings for infringement and apply for injunctions, damages, and accounts of profits. Criminal prosecution is available for counterfeiting and trafficking in counterfeit goods. The Customs and Excise Department has powers to seize infringing goods at the border and within Hong Kong.

Patents in Hong Kong

Standard Patents

Hong Kong operates a “re-registration” system for standard patents: a patent must first be granted by a designated patent office (the China National Intellectual Property Administration (CNIPA), the European Patent Office (EPO), or the UK Intellectual Property Office (UKIPO)) before it can be registered in Hong Kong. The holder of a designated patent files a request for registration in Hong Kong within a specified period, resulting in a Hong Kong standard patent with a 20-year term from the filing date of the original application.

Original Grant Patent (OGP) System

Hong Kong introduced its own Original Grant Patent (OGP) system in 2019. The OGP system allows applicants to file directly with the Hong Kong Intellectual Property Department for a Hong Kong patent, without needing a corresponding foreign patent. This is particularly significant for inventions that may not qualify for registration under the re-registration route or where direct Hong Kong prosecution is preferred. The OGP system uses a “deferred examination” model: substantive examination is requested after filing and a preliminary assessment report is issued before a full examination is conducted.

Short-Term Patents

Hong Kong also offers short-term patents with an 8-year term. These do not undergo substantive examination (only a formal examination and a search report requirement) and are a faster and cheaper route to obtaining patent protection for products with shorter commercial life cycles. However, short-term patents carry greater validity risk and may face challenges in enforcement proceedings.

Enforcement

Patent infringement proceedings are brought in the High Court. Remedies include injunctions, damages, and orders for delivery up of infringing articles. The onus is on the patent owner to establish the validity and infringement of the patent.

Copyright in Hong Kong

Automatic Protection

Copyright in Hong Kong arises automatically upon the creation of an original work — there is no registration requirement. The Copyright Ordinance (Cap. 528) protects: literary works (including computer programs and databases), dramatic works, musical works, artistic works (including photographs, drawings, paintings, sculptures, and architectural works), sound recordings, films, broadcasts, and typographical arrangements of published editions.

Duration

Copyright generally subsists for the lifetime of the author plus 50 years. For films and sound recordings, the term is 50 years from the end of the year of first publication. Works of unknown authorship are protected for 50 years from the end of the year of creation or first publication, whichever is later.

Ownership

The general rule is that the author of a work is the first owner of copyright. Key exceptions: works created by an employee in the course of employment are owned by the employer; certain commissioned works are owned by the commissioner rather than the creator; and works created by the Hong Kong government are subject to government copyright.

These default rules are frequently displaced by contract — IP assignment clauses in employment agreements, contractor agreements, and commissioned work agreements are essential for ensuring that the commissioning party actually owns the IP it pays for.

Enforcement

Copyright infringement can be pursued civilly (injunction, damages, account of profits, delivery up) and criminally (for commercial-scale infringement). Hong Kong has active enforcement against software piracy and online copyright infringement. The Copyright Ordinance also provides for “technological protection measures” — circumventing digital rights management (DRM) tools is prohibited.

Registered Designs

The appearance of a product — its shape, configuration, pattern, or ornamentation — can be protected as a registered design under the Registered Designs Ordinance (Cap. 522). Registration lasts for an initial period of 5 years, renewable up to a maximum of 25 years. The design must be new and not have been disclosed publicly before the application date (subject to a 6-month grace period for the designer’s own disclosures).

Trade Secrets and Confidential Information

Hong Kong law protects trade secrets and confidential information through the law of confidence (a common law cause of action) and, in some cases, through express contractual provisions. To establish a breach of confidence, the claimant must show that: the information had the necessary quality of confidence; it was communicated in circumstances importing an obligation of confidence; and there was an actual or threatened unauthorised use.

Confidentiality agreements (NDAs) are commonly used to supplement the law of confidence, particularly at the pre-contractual stage, in employment relationships, and when sharing proprietary information with business partners.

Domain Names

The Hong Kong Internet Registration Corporation (HKIRC) administers the .hk and 中文.香港 (Chinese domain names) space. Domain name disputes involving bad faith registration can be resolved through HKIRC’s dispute resolution procedure (similar to ICANN’s UDRP). For .com and other generic top-level domains, the UDRP applies.

IP Due Diligence in M&A

In mergers, acquisitions, and investment transactions, IP due diligence is a critical component. Key issues to investigate include: ownership of key IP assets (particularly where IP may have been created by contractors or founders outside a formal employment relationship), the scope and validity of registered IP rights, freedom to operate (whether the target’s products or processes infringe third-party IP), IP assignments and licensing arrangements, and any pending IP disputes or claims.

Practical Steps for IP Protection

• Register early: Trademark and design registration is relatively low-cost and provides significant enforcement advantages. File before your products or brand are publicly launched where possible.
• Use proper IP assignment clauses: Ensure employment agreements, contractor agreements, and commissioned work contracts contain clear IP assignment provisions. Do not rely on default ownership rules.
• Mark your IP: Use ® for registered trademarks, ™ for unregistered marks, © for copyright works, and “Patent Pending” or the patent number for patent-protected products. Marking supports enforcement and deters infringers.
• Monitor and enforce: Conduct periodic searches for infringement (particularly for trademarks and online copyright infringement). Prompt enforcement preserves the strength of your IP and prevents acquiescence arguments.
• Maintain confidentiality protocols: Use NDAs before sharing sensitive business information, limit access to trade secrets on a need-to-know basis, and include confidentiality and non-disclosure obligations in employment agreements.

Conclusion

Hong Kong’s IP regime is well-developed and aligned with international standards. For businesses operating in or through Hong Kong, a proactive approach to IP protection — registering rights, using appropriate contractual provisions, and monitoring for infringement — is essential for preserving the value of intangible assets.

Alan Wong LLP advises on trademark registration, copyright matters, IP due diligence, and IP enforcement in Hong Kong. Contact us to protect your intellectual property.