IP Protection


:: Hong Kong ::

The Basic Law of Hong Kong provides that the Hong Kong should on its own develop appropriate policies and afford legal protection for intellectual property rights. Against this background, there are a series of intellectual property law which aims to reach the highest international standards, and offer the best kind of intellectual property protection in Hong Kong.

The Intellectual Property Department of the Hong Kong SAR Government for formulating IP protection policies and legislation regarding Trade Marks, Patents, and Registered Designs.

The Customs and Excise Department is responsible for enforcing the criminal aspects of infringement of intellectual property rights. It investigates complaints alleging infringement of trade marks and copyright and complaints alleging false trade descriptions. The department has extensive powers of search and seizure, and cooperates with overseas enforcement authorities and owners of trade marks and copyright in a concerted effort to combat infringement of intellectual property rights.

:: China ::

China adopts a system of trademark registration administered by China Trademark Office. The trademark owners shall enjoy the exclusive right to use the trademarks, and be protected by law. Any Chinese natural person or legal entity can apply to the China Trademark Office for the registration or appoint an agent to act for the registration. Any foreign person or foreign enterprise intending to apply for the registration of a trademark or for any other matters concerning trademarks in China must appoint an agent to act on its behalf.

:: Protection of Well-known Trademarks ::

China protects the legitimate rights and interests of both Chinese and foreign trademark owners since China became party to a member of Paris Convention for the Protection of Industrial Property. Counterfeit of any well-known trademark of other party shall be deemed as acts committed in the acquisition of a trademark registration by fraud or any other unfair means. As provided in Article 13 of the Trademark Law revised in 2001, where a trademark in respect of which the application for registration is filed for use for identical or similar goods is a reproduction, imitation or translation of another person's trademark not registered in China and likely to cause confusion, it shall be rejected for registration and prohibited from use. Where a trademark in respect of which the application for registration is filed for use for non-identical or dissimilar goods is a reproduction, imitation or translation of the well-known mark of another person that has been registered in China, misleads the pub1ic and is likely to create prejudice to the interests of the well-known mark registrant, it shall be rejected for registration and prohibited from use. As provided in Regulations for the Implementation of Trademark Law revised in 2002, a trademark owner who believes that the registration of its well-known trademark as an enterprise name by another person is likely to deceive or mislead the public may apply to the competent registration authorities of enterprise names for the cancellation of the registration of the enterprise name.

:: Period of Validity of a Registered Trademark ::

The period of validity of a registered trademark shall be ten years, counted from the date of approval of the registration. Where the trademark registrant intends to continue to use the registered trademark beyond the expiration of the period of validity, an application for renewal of the registration shall be made within six months before the said expiration.

:: Assignment and Licensing of Registered Trademarks ::

The right holder of a trademark has the right to deal with his/her intangible property in accordance with legal procedures. Trademark holders can dispose trademark right either by assignment or by licensing. Trademark assignment is the transfer of trademark ownership to another party voluntarily by the right holder, either paid or unpaid.

:: Protection of the Exclusive Right to Use a Registered trademark ::

Protection of the exclusive right to use a registered trademark can be achieved through both administrative means and judicial means. Where any party has committed any of such acts to infringe the exclusive right to use a registered trademark, the interested party can complain to local Administrations for Industry and Commerce at or above county level, requiring the administrations to investigate and handle the cases. The administrative authority for industry and commerce has the power to make an administrative decision to the cases which are not serious enough to constitute a crime, where the case is so serious as to constitute a crime, it shall be transferred to the judicial authority for handling.