Intellectual Property Registration and Protection in Hong Kong: A Business Guide

Introduction

Intellectual property (IP) is among a business’s most valuable assets. Brands, inventions, creative works, and trade secrets drive competitive advantage and underpin business value. Yet IP is easily lost or diluted through inadequate protection, failure to register, or insufficient enforcement against infringers.

Hong Kong has a well-developed IP legal framework aligned with international standards under the TRIPS Agreement and the World Intellectual Property Organization (WIPO) treaties. This guide explains the main types of IP available in Hong Kong, how to register and protect them, and how to enforce your rights against infringers.

Trademarks

What Can Be Registered?

A trademark is a sign capable of being represented graphically that distinguishes the goods or services of one business from those of others. Registrable marks include words, names, logos, stylised text, colours, sounds, and three-dimensional shapes. Under the Trade Marks Ordinance (Cap. 559), a mark is registrable if it is distinctive and not excluded by the absolute or relative grounds of refusal.

Trademark Registration in Hong Kong

Trademark registration in Hong Kong is separate from registration in Mainland China; a Hong Kong trademark registration does not automatically cover Mainland China and vice versa. Applications are filed with the Intellectual Property Department (IPD). The process:

• Application – filed electronically or in paper, specifying the mark, the applicant, and the classes of goods/services under the Nice Classification;
• Examination – the IPD examines the application for absolute grounds (descriptiveness, lack of distinctiveness) and relative grounds (conflict with earlier marks);
• Publication – accepted applications are published in the Hong Kong Intellectual Property Journal for a three-month opposition period;
• Registration – if no successful opposition, the mark is registered for 10 years, renewable indefinitely;
• Use requirement – a registered mark may be cancelled for non-use if not used in Hong Kong for a continuous period of three years after registration.

Madrid Protocol

Hong Kong allows trademark owners to file international applications through the Madrid Protocol system (administered by WIPO), designating multiple member countries in a single application. This is cost-efficient for businesses seeking trademark protection in multiple jurisdictions.

Enforcement

Trademark infringement includes unauthorised use of an identical or confusingly similar sign for the same or similar goods/services. Remedies include:

• Injunction to prevent further use;
• Damages or account of profits;
• Delivery up and destruction of infringing goods;
• Customs seizure of counterfeit goods at Hong Kong borders (the owner must record the mark with Customs for border enforcement).

Criminal sanctions also apply for deliberate counterfeiting, with penalties of up to five years’ imprisonment and fines of up to HKD 500,000 per offence.

Patents

Patent System in Hong Kong

Hong Kong operates a re-registration system for most patents: rather than independent examination, Hong Kong patents are typically granted by re-registering a patent already granted by the State Intellectual Property Office (SIPO) of Mainland China, the European Patent Office (EPO), or the United Kingdom Intellectual Property Office (UKIPO).

The Patents Ordinance (Cap. 514) provides for two types of patents:

• Standard Patent – valid for up to 20 years; requires a “grant” from a designated patent office (SIPO, EPO, or UKIPO) and a “request for registration” in Hong Kong within six months of the overseas grant. The Hong Kong patent takes effect from the date of the original overseas grant;
• Short-term Patent – valid for up to 8 years; requires an independent application to the Hong Kong IPD, a “search report” from an overseas examiner, and does not require an independent full examination. Short-term patents are cheaper and faster to obtain but provide somewhat weaker protection.

The Hong Kong Government has proposed introducing an original grant patent (OGP) system for local examination; this has been under development for several years.

What Is Patentable?

An invention is patentable if it is new, involves an inventive step, and is capable of industrial application. Excluded categories include discoveries, mathematical methods, aesthetic creations, and methods for treatment of the human body.

Enforcement

Patent infringement (making, using, importing, or selling a patented product or process without authorisation) gives rise to injunction, damages, account of profits, and delivery up. Patent litigation in Hong Kong is conducted in the Court of First Instance (Patents Court).

Copyright

Automatic Protection

Unlike trademarks and patents, copyright in Hong Kong arises automatically on creation of a qualifying work – no registration is required. The Copyright Ordinance (Cap. 528) protects:

• Literary works (including computer programs);
• Dramatic and musical works;
• Artistic works (drawings, logos, photographs, sculptures);
• Sound recordings, films, broadcasts, and cable programmes;
• Typographical arrangements of published editions.

Copyright protection generally lasts for the life of the author plus 50 years (for literary, dramatic, musical, and artistic works).

Ownership

The first owner of copyright is generally the author. However, where a work is created by an employee in the course of their employment, the employer is the first owner of copyright. For commissioned works, the position varies – advice should be sought on ensuring IP ownership is properly documented in contracts.

Enforcement

Copyright infringement (reproducing, distributing, performing, or communicating a copyrighted work without authorisation) gives rise to civil remedies (injunction, damages, account of profits). Criminal liability arises for commercial-scale infringement.

Hong Kong Customs enforces copyright at the border and conducts raids on commercial establishments distributing infringing copies.

Registered Designs

Registered designs protect the visual appearance of a product. The Registered Designs Ordinance (Cap. 522) enables registration of designs that are new and have individual character. Registration provides protection for up to 25 years (in five-year renewable periods). Unregistered designs also receive limited protection against copying under common law.

Trade Secrets and Confidential Information

Trade secrets – commercially valuable information that is kept confidential (such as formulae, business plans, customer lists, and manufacturing processes) – are protected under Hong Kong’s common law of breach of confidence. There is no standalone trade secrets statute, but the common law provides effective protection against misuse of confidential information by employees, contractors, and business partners.

Key steps to protect trade secrets:

• Non-disclosure agreements (NDAs) with employees, contractors, and potential business partners;
• Confidentiality clauses in employment contracts;
• Physical and digital access controls to sensitive information;
• Classification and labelling of confidential documents.

IP Strategy for Businesses Operating in Hong Kong

• Register early – trademark and patent rights are time-sensitive; delay may result in third parties registering conflicting marks or filing earlier patent applications;
• Separate HK and China registrations – Hong Kong and Mainland China are separate IP jurisdictions; register in both if you operate or plan to operate in both territories;
• Conduct IP clearance searches – before launching a new brand or product, search existing trademarks and patents to avoid infringement;
• Document ownership in contracts – ensure IP ownership is clearly addressed in employment agreements, independent contractor agreements, and collaboration agreements;
• Record marks with Customs – register trademarks with Hong Kong Customs to enable border enforcement against counterfeit imports;
• Monitor for infringement – regular monitoring of the marketplace and online platforms for unauthorised use of your IP.

How Alan Wong LLP Can Assist

Alan Wong LLP’s Corporate & Commercial team advises businesses and IP owners on all aspects of intellectual property protection and enforcement in Hong Kong. Our services include:

• Trademark registration applications, oppositions, and revocation proceedings;
• Patent re-registration and short-term patent applications;
• Copyright ownership and licensing advice;
• IP assignment and licensing agreement drafting;
• Trade secret protection and NDA preparation;
• IP infringement litigation in the Hong Kong courts, including injunctions and customs actions.

Contact us to discuss your IP protection strategy in Hong Kong.