Legal framework overview

Hong Kong’s IP regime is built on a modern common law system and is mainly governed by the following ordinances:

• Patents Ordinance (Cap. 514);

• Trade Marks Ordinance (Cap. 559);

• Registered Designs Ordinance (Cap. 522);

• Copyright Ordinance (Cap. 528).

Competent authority:

• Intellectual Property Department (IPD) under the Commerce and Economic Development Bureau (CEDB) of the HKSAR Government.

Hong Kong is part of the WIPO framework and, through arrangements with the China National Intellectual Property Administration (CNIPA), participates in the extension of international patent applications under the PCT to Hong Kong.

International cooperation and alignment

• Patent examination and cooperation mechanisms established with CNIPA for handling standard patents via re-registration;

• Extension and mutual-recognition style arrangements with the UK Intellectual Property Office (UKIPO) and the European Patent Office (EPO) (designating the United Kingdom);

• Ongoing cooperation with WIPO on training, information exchange and database access;

• The Hong Kong judiciary includes a dedicated Intellectual Property List / IP court to handle IP disputes and provide specialised judicial remedies.

Trade mark system

Filing routes

• National trade mark applications are filed directly with the Intellectual Property Department (IPD) in Hong Kong;

• Hong Kong cannot currently be designated via the Madrid System (Madrid Protocol), so protection must be sought through separate local filings.

Classification

• Uses the Nice Classification for goods and services;

• Supports both single-class and multi-class applications.

Examination procedure

• Formal examination: around 1 month;

• Substantive examination: typically around 6–8 months;

• Opposition period: within 3 months from the date of publication, third parties may file oppositions.

Use and renewal

• Initial registration term: 10 years from the registration date, renewable indefinitely for further 10-year periods;

• Non-use for 3 consecutive years may result in revocation for non-use.

Examination features

• Examination languages: Chinese or English (the applicant may choose the filing language);

• Substantive examination focuses on distinctiveness, descriptiveness and conflicts with earlier rights;

• Key procedures such as examination, oppositions and renewals can be completed via the IPD e-filing system;

• The official database for trade mark searches is IPD Trademark Search.

Patent system

Types and terms of protection

• Standard patent: protection for up to 20 years from the filing date, subject to payment of renewal fees;

• Short-term patent: protection for up to 8 years from the filing date.

Examination mechanism

Hong Kong operates a dual-track patent system:

1. Re-registration system (Standard Patent by Re-registration)

• Based on patents first granted by the CNIPA, UKIPO or the EPO designating the United Kingdom, which can then be re-registered in Hong Kong;

• Applications for re-registration must generally be filed within 6 months after grant of the corresponding foreign patent.

2. Original Grant Patent System (OGPS)

• In force since December 2020;

• Applications are filed directly with the Hong Kong IPD and examined locally (formal and substantive examination);

• Standard patents granted under OGPS also enjoy a 20-year term from filing.

International routes

• Hong Kong is not a separate contracting state of the PCT, but PCT applications designating China may enter the national phase via CNIPA, and the resulting Chinese patents can then form the basis for standard patents in Hong Kong through the re-registration route;

• Foreign applicants typically use local Hong Kong patent practitioners to handle both re-registration and original grant filings.

System features

• Standard patents (re-registration or OGPS) and short-term patents may be pursued in parallel for the same invention, subject to local rules;

• The examination period for OGPS standard patents is typically around 24–36 months;

• Short-term patents are primarily subject to formal examination only, with validity often tested in enforcement proceedings;

• Official languages: Chinese or English.

Design protection

Legal basis

• Designs are protected under the Registered Designs Ordinance (Cap. 522).

Scope of protection

• Protects the visual appearance of a product, including shape, configuration, lines, patterns, colours and ornamentation;

• Does not protect purely functional or technical features of a product.

Term of protection

• Initial term of 5 years from the date of registration, renewable in successive 5-year periods up to a maximum of 25 years.

Examination procedure

• Examination period is usually around 2–3 months for straightforward cases;

• Examination focuses on formalities and basic novelty requirements, without a full substantive search;

• Applications may be filed in Chinese or English.

System features

• Single registration is effective throughout the entire Hong Kong SAR;

• Substantive assessment of creativity is generally left to enforcement and invalidation proceedings rather than the registration stage;

• International design applications under the Hague Agreement can be used to seek protection in China, but Hong Kong requires separate local registration to obtain enforceable design rights in the SAR.