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Intellectual Property Lawyers in Hong Kong.

Find intellectual property lawyers in Hong Kong for trade mark searches, registration and oppositions, patents, copyright and counterfeit enforcement.

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Key facts

Do I need to register copyright in Hong Kong?
No. Copyright arises automatically when a work is created, and Hong Kong has no official registry for copyright works.
What does trade mark registration cost?
The IPD fee is HK$2,000 for the first class and HK$1,000 for each additional class. Professional fees are separate.
How long does trade mark registration take?
As little as six months if there are no deficiencies or objections. That includes the three-month opposition window after publication.
How long do Hong Kong patents last?
A standard patent lasts up to 20 years and a short-term patent up to 8 years, subject to renewal.

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What an intellectual property lawyer in Hong Kong does

An intellectual property lawyer in Hong Kong does two jobs: securing the rights that need registering, and enforcing rights once someone copies them. Registration runs through the Intellectual Property Department (IPD), which keeps the registers for trade marks and patents. Enforcement runs through the courts and, for counterfeits and piracy, the Customs and Excise Department.

Copyright needs no filing at all. It arises automatically when a work is created, there are no formalities, and Hong Kong has no official copyright registry. Proving ownership and the date of creation comes down to good records.

Trade mark registration in Hong Kong

The Trade Marks Registry checks the application, searches its records for the same or similar marks, and examines whether the mark is distinctive. Accepted marks are published in the Hong Kong Intellectual Property Journal, and anyone can oppose within three months of publication. With no deficiencies and no objections, the whole process can take as little as six months. A registration lasts 10 years and can be renewed for further 10-year periods.

The official fee is HK$2,000 for the first class of goods or services and HK$1,000 for each additional class. The IPD will also search its records and give preliminary advice for HK$400.

Two points catch overseas owners. Every application needs an address for service in Hong Kong, and it cannot be a P.O. box, a virtual office or a forwarding address. And registering a company or business name gives no right to use it if it infringes someone else's trade mark, so the trade mark search belongs before incorporation.

Patents: standard, short-term and original grant

A standard patent protects an invention for up to 20 years. It can be filed directly in Hong Kong through the original grant route, or obtained by re-registering an application first filed with a designated patent office outside Hong Kong. A short-term patent lasts up to 8 years and is granted after a formality examination only, so the owner must request substantive examination before going to court to enforce it.

When a lawyer makes sense, and when self-filing is fine

A single word mark for a local business, in one or two classes after a clean search, is something many owners file themselves through IPD e-filing. The Registry acts in a quasi-judicial role and gives no legal advice, so every judgment call stays with you.

The IPD itself points applicants to a solicitor or trade mark agent once an opposition is in play, on either side. Bring one in as well when the search shows similar marks, when the Registry objects, or when the filing is part of a brand across several countries. An owner who filed abroad first can claim that earlier date in Hong Kong only within the six-month priority period. Patent specifications are a separate skill, and the IPD recommends professional help with the technical and legal drafting.

Enforcement and counterfeits

Civil claims for infringement go to the Small Claims Tribunal, the District Court or the High Court, depending on the relief sought and the amount claimed. Counterfeit and pirated goods are also a criminal matter: Customs and Excise is the only department that takes criminal action against copyright and trade mark infringement, and rights owners can report suspected infringements to it. A lawyer can advise whether a warning letter, a customs complaint or a civil action is the proportionate first step.

IP questions often sit inside licensing, distribution and shareholder deals, which corporate and business lawyers handle, and the wider directory of lawyers in Hong Kong covers the rest.

How to choose between firms

Do they file and litigate? If an opposition or infringement dispute is likely, ask who would run it.

Is the quote fixed or hourly? A simple filing is usually a fixed fee on top of the IPD fee; oppositions and court work are usually hourly or staged. Ask whether the quote includes official fees and what happens if the Registry objects.

This page is general information, not legal advice. For a specific mark, invention or dispute, speak with a qualified lawyer: the firms below list their languages, locations, and areas of focus.

Common questions

Frequently asked questions

How do I register a trademark in Hong Kong?
Applications go to the Trade Marks Registry at the Intellectual Property Department, on paper or by e-filing, with a fee of HK$2,000 for the first class of goods or services and HK$1,000 for each additional class. The Registry checks the form, searches for earlier similar marks and examines distinctiveness. An accepted mark is published in the Hong Kong Intellectual Property Journal for three months so others can oppose it. With no problems, registration can take as little as six months and lasts 10 years, renewable.
How do I do a trademark search in Hong Kong?
The IPD's online Trade Mark Search System lets anyone search registered marks and pending applications. For HK$400, the Registry will also search its records and give preliminary advice on whether earlier marks may conflict. A search is worth doing before choosing a company or business name, because registering a name with the Companies Registry or the Business Registration Office gives no right to use it if it infringes an existing trade mark.
Can a foreign company register a trade mark in Hong Kong?
Yes. The application must give an address for service in Hong Kong, which must be a real residential or business address rather than a P.O. box, virtual office or forwarding address, so overseas owners usually file through a local firm. An owner who has already filed in another country can claim that earlier filing date in Hong Kong if the Hong Kong application is made within the six-month priority period and the claim is made at filing.
What is the difference between a standard patent and a short-term patent in Hong Kong?
A standard patent gives up to 20 years of protection and can be obtained through the original grant route filed directly in Hong Kong, or by re-registering an application filed with a designated office abroad. A short-term patent gives up to 8 years, suits simpler inventions with no more than two independent claims, and is granted after a formality examination only. Before enforcing a short-term patent in court, the owner must ask the Registrar for substantive examination.
What can I do about counterfeit goods in Hong Kong?
There are two tracks. The Customs and Excise Department is the only department that takes criminal action against copyright and trade mark infringement, and rights owners can report suspected counterfeits to it for investigation, seizure and prosecution. Separately, an owner can bring a civil action for infringement in the courts. A lawyer can advise which route, or which combination, fits the scale of the problem.

Sources

  1. What is copyrightipd.gov.hk
  2. Application processipd.gov.hk
  3. Forms and feesipd.gov.hk
  4. Renewal and restorationPDFipd.gov.hk
  5. Trade marks ordinanceipd.gov.hk
  6. Patent basicsipd.gov.hk
  7. Short term patentipd.gov.hk
  8. Apply for a patentipd.gov.hk
  9. How to protect enforceipd.gov.hk
  10. Intellectual property rights protectioncustoms.gov.hk
  11. WIPO: Summary pariswipo.int

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