The way forward for IP in Hong Kong

Competition is the key to the success of every society in the world. However, not just normal business competition but for IP, the principle is the same. Hong Kong has been one of the leading IP jurisdictions in Asia and even in the entire world. However, if Hong Kong is satisfied with its current status and made no developments, it won’t be able to keep its ranks anymore. So, what is the way forward for IP in Hong Kong?

Although some might be satisfied with the current status in Hong Kong, much research has shown that to expand further and become the region’s innovation and technology center, Hong Kong has to change its policies on Intellectual Property protection as well as provide and focus more on new breakthroughs on this field. 

Expert opinions

Dennis Lo Yuk-ming, a professor of chemical pathology at Chinese University, specialized in non-invasive prenatal testing and cancer screening technologies, stated that to succeed, Hong Kong needs ‘more IP-savvy lawyers’.

Jeffrey McLean, a partner, at Deacons in Hong Kong, also shares Yuk-ming’s view, stating that currently, Hong Kong is lacking a special ingredient for leading and more importantly, leading for a long time in the IP field. 

Although McLean doesn’t deny that Hong Kong has some outstanding scientists and researchers in various sectors and a noticeably increasing number of specialized clusters, Hong Kong is missing specialized expertise in patent prosecution and in patent enforcement and litigation who has the technical knowledge and legal expertise: “The establishment of a specialized IP list is a great start; but as with specialized patent courts in other jurisdictions, this initiative is in danger of becoming a victim of its own success. Delayed timelines and lack of familiarity with technical subject matter present challenges to applicants seeking to enforce patents. Developing local talent with some exposure to patents and patent litigation overseas, decreasing costs of litigation, and increasing timeliness of hearings are key ways in which improvements can be facilitated. In addition, ensuring correct titles are used by practitioners will avoid confusion by members of the public.”

Regarding the elements needed to turn Hong Kong to become a nation of IP, McLean stated: “However, many people (especially graduates) are not aware of the challenging and rewarding career that IP can offer. Many other jurisdictions have requirements to first file patent protection in their jurisdiction; as well as restrictions on the titles that practitioners can use. The Hong Kong statutory framework has neither. The development of the local IP profession could also be stimulated by including provisions in tenders limiting outsourcing and requiring appropriately qualified local

practitioners are instructed, especially by government or semi-government institutions. It would also improve IP if enforcement options available are made more accessible, with more resources and increased timeliness.”

At the end, McLean has provided some key objectives that in his opinion, can further boost IP expansion in Hong Kong, turning this jurisdiction to become one of the greatest in the region, and potentially the world: “Increasing the skills, expertise, and numbers of appropriately qualified practitioners and judges is essential for Hong Kong to progress in the digital age we are in. Strengthening how IP is protected, and making enforcement more accessible and timely will incentivize the development of further intellectual property and return on investment it provides.”

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– You could see Fee of Trademark in Hong Kong here

– You could visit here to see Procedure of Hong Kong Trademark Registration.

– You could visit here to check the required documents for filing trademark in Hong Kong

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