In Hong Kong, registered designs are regulated by the Registered Designs Ordinance (Cap. 522). Consequently, there are certain procedures you need to follow to register a design in Hong Kong. The initial length of protection for a registered design is 5 years, with the possibility of renewal and extension. What is a registered design? Simply … Read more
If you have registered a trademark and someone else has used a trademark in the course of business or trade similar or identical to your trademark in relation to similar or identical goods or services, you are entitled to sue that person for trademark infringement (section 18 of the Trade Marks Ordinance (Cap. 559)). However, … Read more
Patent infringement is a civil claim. Hence, the standard civil litigation procedure follows if there is no settlement between the parties, as there is also no obligation to settle. A patent holder may begin formal litigation proceedings without the consent of the defendant. The patents are enforced initially in the Court of First Instance. Alternatively, … Read more
Before filing for a civil litigation claim, the claimant must think carefully what are the potential remedies that may be awarded. Here are the commonly sought remedies in an intellectual property claim: Injunction In intellectual property actions, it is quite common to apply for an injunction as part of the claimant’s actions. An injunction is … Read more
There are two main types of patent infringement in Hong Kong: Direct and Indirect Infringement. Direct Infringement Some acts may be classified as direct infringement under Section 73 of the Patent Ordinance(‘PO’), it is however not limited to the following: Using the process, or Without the consent of the patent holder, knowingly offering the process … Read more
An intellectual property cease and desist letter usually is a formal notice requiring the recipient to stop (cease) and refrain (desist) from engaging in infringing activities. The purpose is to inform the recipient that they have allegedly infringed the intellectual property (“IP”) right of the sender. It is often the first step taken to address … Read more
Copyright infringement Generally, copyright infringement occurs when someone else uses the copyrighted work / the original piece of work without consent of the copyright holder. In this article you will understand the meaning of (a) primary infringement; (b) secondary infringement; and (c) the enforcement options. What counts as copyright infringement? Primary infringement Primary infringement incurs … Read more
As copyright is an automatic right under Hong Kong law which arises whenever an original work is created, it is important that no matter whether you are the copyright owner of the work or not the copyright owner of the work, you are aware of what acts you are legally permitted to do. If you … Read more
No. A patent that is granted within Hong Kong will not automatically grant protection that is applicable in other jurisdictions. Patent holders who seek to protect their intellectual properties in other jurisdictions should apply for an independent application in those jurisdictions accordingly. There are two main ways to protect your patent rights in multiple jurisdictions: … Read more
In Hong Kong, there are two types of patents as governed by the Patents Ordinance (Cap. 514): Standard patent: It provides protection to the invention for at most 20 years (from the application’s filing date). Short-term patent: It provides protection to the invention for at most 8 years (from the application’s filing date). Applying for … Read more