Intellectual Property

Trade Marks

Register your trade mark in Hong Kong before you launch publicly. Apply to the Trade Marks Registry (part of the Intellectual Property Department) for registration in one or more classes of goods or services under the Nice Classification system. Official fee: HK$2,000 per class for e-filing. Registration takes 12–18 months if unopposed and provides 10 years of protection, renewable indefinitely.

A Hong Kong trade mark registration has zero legal effect in mainland China. China operates on a first-to-file system. Register with CNIPA simultaneously. Trade mark squatting — registering your brand in China before you do, then demanding payment — is a real and well-documented problem.

Copyright

Copyright in Hong Kong arises automatically when an original work is created — no registration required. It covers code, written content, designs, images, and other original works. Under the Copyright Ordinance, works created by employees in the course of employment belong to the employer. Works created by independent contractors belong to the contractor by default — unless the contract expressly assigns ownership to the client. Always include IP assignment clauses in contractor agreements.

Patents

Hong Kong has a short-term patent (up to 8 years, faster to obtain) and a standard patent (up to 20 years, re-registered from a mainland China, UK, or European patent). Patents are most relevant for product businesses with novel technology. For software and services businesses, copyright and trade secret protection are typically more practically relevant.

NDAs and Confidentiality

Before sharing your business plan, technology details, or financial information with a potential investor, partner, or contractor, have them sign a non-disclosure agreement. A well-drafted NDA should specify: what information is confidential, what is excluded (public information, independently developed information), permitted uses, and duration. Use a mutual NDA for bilateral discussions; use a one-way NDA when only you are disclosing.

Commercial Contracts

The Clauses That Matter Most

• Scope of work: Define deliverables, timelines, and acceptance criteria clearly. A vague scope is an invitation to dispute.
• IP ownership: Who owns what is created under the contract? Never leave this ambiguous.
• Limitation of liability: A cap on what either party can claim against the other. Without one, a single error could expose you to a claim far exceeding the contract value.
• Confidentiality: Include mutual confidentiality obligations in any contract where sensitive information is exchanged.
• Termination: When can each party exit, with what notice, and what happens to work in progress?
• Governing law and dispute resolution: Always specify. For most HK business relationships: Hong Kong law and either HK courts or HKIAC arbitration.

Red Flags in Someone Else's Contract

• Uncapped liability or broad indemnities on your side
• Broad IP assignment to the other party, including your background IP
• Automatic renewal without notice
• Unilateral termination rights for the other party
• Foreign governing law (particularly if unfamiliar)

Data Privacy: The PDPO

The Personal Data (Privacy) Ordinance (Cap. 486) applies to any business that collects, holds, or processes information about identifiable individuals. Key obligations:

• Publish a Privacy Policy and display a Personal Information Collection Statement (PICS) on any form where personal data is collected
• Only collect data that is necessary for a lawful, disclosed purpose
• Do not use data for a new purpose without the data subject's consent
• Implement appropriate technical and organisational security measures
• Respond to data access requests within 40 days

Serious breaches carry penalties of up to HK$1 million and imprisonment. The Privacy Commissioner actively enforces the Ordinance.