A Beginner’s Guide to Hong Kong Intellectual Property Rights

As a leading international trading centre, Hong Kong is home to several industries that need protection for their intellectual property (IP). Hong Kong IP laws protect IP rights in Hong Kong for eligible rightsholders (local or foreign), preventing copycat products, design theft, and unauthorized use.

If you want to understand IP registration, licensing, and management best practices in Hong Kong, this guide is for you.

What Are Intellectual Property Rights?

Intellectual property rights (IPR) are legal protections over creations of the mind — including inventions, artistic works, logos, software, and more.

According to the World Intellectual Property Organization (WIPO), IP laws like patents, trademarks, and copyrights give creators exclusive control, allowing them to earn recognition and income.

Main categories of IPR:

• Copyright and related rights – protects books, music, films, software, and rights of performers, broadcasters, and producers.
• Industrial property – includes patents, trademarks, industrial designs, and geographical indications.

Note: Hong Kong has no standalone GI registration system; GIs are typically protected via certification/collective marks and passing off.

For startups, IPR stops idea theft before launch. For SMEs, it protects market position and creates revenue streams. For corporations, it builds brand value and attracts investment.

IP Protection Under Hong Kong’s Basic Law

Under Articles 139 and 140 of the Basic Law, Hong Kong has full authority to create its own IP laws, separate from Mainland China, under the One Country, Two Systems principle.

Two main agencies oversee IP:

• Intellectual Property Department (IPD) – manages policy, legislation, and registration.
• Customs and Excise Department – enforces against piracy and counterfeit goods.

Hong Kong complies with the World Trade Organization’s (WTO) TRIPS Agreement and other international treaties.
Note: The Madrid System for international trademarks is not yet in force in Hong Kong. Local registration with the IPD is required.

Hong Kong’s Legal Framework for IP

Hong Kong protects intellectual property through a well-defined legal framework backed by international standards. You can protect your intellectual property under the relevant Hong Kong IP laws. 

The Intellectual Property Department manages registration for trademarks, patents, and designs. It also promotes awareness and handles public education on IP rights.

In 2022, Hong Kong ranked 14th in WIPO’s Global Innovation Index (GII), underscoring its strength in intellectual property protection, legal infrastructure, and innovation-driven industries.

Types of Intellectual Property Rights in Hong Kong

Copyright Ordinance (Cap. 528)

Automatic protection upon creation and no registration needed.

Covers literary, dramatic, musical, and artistic works; films; sound recordings; broadcasts; cable programs; and typographical arrangements.

Duration: life of author + 50 years (other works: generally 50 years from creation/publication).

Exceptions: fair dealing for research, study, criticism, news reporting, plus new rights for parody, satire, quotation, and communication to the public (2023 update).

Patents Ordinance (Cap. 514)

Types:

• Standard patent (O) – 20 years, filed and examined in Hong Kong (Original Grant).
• Standard patent (R) – 20 years, re-registration based on a CN/EP(UK)/UK patent.
• Short-term patent – up to 8 years; quick grant but substantive examination required before enforcement.

Requirements: novelty, inventive step, industrial application.
Not patentable: scientific theories, mathematical methods, aesthetic creations, business schemes, medical methods.

Trade Marks Ordinance (Cap. 559)

• Protects marks that distinguish goods/services.
• Can include words, logos, letters, numbers, colours, shapes, sounds, smells.
• Requirements: distinctiveness and graphical representation.
• Rights: exclusive use, licensing, and enforcement.
• Duration: 10 years, renewable indefinitely.
• Defences: use in good faith (own name/address, descriptive use), international exhaustion.

Registered Designs Ordinance (Cap. 522)

• Protects the visual appearance of a product (shape, configuration, pattern, ornament).
• Must be new and original.
• Duration: initial 5 years, renewable up to 25 years.

How to Register Intellectual Property in Hong Kong 

The Intellectual Property Department (IPD) manages the registration of trademarks, patents, and industrial designs in Hong Kong. Copyright is protected automatically by law and does not require registration.

1. Copyright

Copyright protection in Hong Kong is automatic once an original work is created.

Step-by-step:

1. Create your original work (literary, musical, artistic, film, software, etc.).

2. There is no application or government filing process.

3. Keep records of creation (e.g., drafts, timestamps, original files) in case of future disputes.

4. You can take civil action if someone uses your work without permission.

2. Patent Registration

A patent protects inventions that are new, involve an inventive step, and have industrial application.

Step-by-step:

1. Search first on the IPD’s free eSearch system to ensure novelty.

2. Prepare the specification (title, abstract, claims, description, drawings if needed).

3. File online for lower fees and faster processing:

• Standard Patent (O): HKD 345 online / HKD 480 paper + HKD 68 publication.
• Short-Term Patent: HKD 545 online / HKD 755 paper + HKD 68 publication.

The duration for Original Grant (OGP) filings and re-registration routes varies and can be longer than a year depending on examination/office actions.

Tip: Short-term patents are faster to obtain but require substantive examination before enforcement.

3. Trademark Registration

A trademark protects your brand identity, including names, logos, symbols, or slogans.

Step-by-step:

1. Conduct a trademark search using IPD’s online system to ensure no one else has registered your mark.

2. Identify and classify your goods or services using the official classification guide.

3. Fill in Form T2 with your trademark details and class information.

4. Submit your application online or in person at the IPD.

5. Pay the filing fees.

Fast cases can be completed around 6–12 months if unopposed; longer with objections/opposition.

Fees:

• HKD 2,000 for the first class
• HKD 1,000 for each additional class

Tip: Consider defensive registrations for related goods/services to block similar marks.

4. Registered Design Application

Design registration protects the visual appearance of a product — including its shape, configuration, pattern, ornament, or any combination of these features.

Step-by-Step:

1. Prepare representations of the design (images or drawings).

2. Complete Form D1 with all required details (title, classification, statement of novelty, Hong Kong address).

3. Submit the application to the Intellectual Property Department (IPD) via e-Filing or in person.

4. Pay the fees:

• Filing (e-Filing): HKD 470 first design, HKD 355 each additional.
• Filing (paper): HKD 630 first design, HKD 470 each additional.
• Advertisement: HKD 62 per design.

5. If the application meets all formal requirements, the design will be registered, published in the Hong Kong Intellectual Property Journal, and a certificate of registration will be issued.

The processing time is typically 2 to 6 months, depending on the formality check and publication schedule.

Note: Registration grants the owner the exclusive right to use the design in Hong Kong for up to 25 years (renewable every 5 years).

IP Licensing and Commercialization in Hong Kong

Commercialization and licensing IP is critical for a knowledge-based economy like Hong Kong. Here's how you can do it:

IP Licensing Agreements

You can execute a licensing agreement to allow another person to use your IP in exchange for royalties.

IP licensing agreements in Hong Kong are widely used for technology transfer. Here's what you can license under an agreement:

• Patents
• Copyright
• Trademarks
• Product designs

You can grant:

• An exclusive license, which means only the licensee can use the IP
• A non-exclusive license so that you can continue to use your IP and license other users

Franchising and Technology Transfer

Franchising refers to a specific licensing arrangement typically used for trademarks and trade secrets. It is also a vehicle for technology transfer.

Using a franchising agreement, you allow other businesses to distribute your products or use your trade name to run their business in lieu of franchise/marketing fees.

For example, Burger King US executes franchising agreements that allow its franchisors to set up Burger King outlets in Hong Kong.

Revenue Generation

You can monetize your IP assets to generate revenue for the business. Here are some of the common methods:

• Receive royalty as compensation for licensing your intellectual property such as patents, trademarks and copyrights. This practice is particularly common in the pharma and biotech sectors.
• Use IP rights as collateral to borrow loans
• Tie up with another business and pool relevant patents for a common investor

Protecting Intellectual Property Rights in Hong Kong

Hong Kong enforces IP rights through civil and, for certain rights, criminal channels.

Civil Enforcement

Civil enforcement covers all IP rights, including copyright, trade marks, patents, registered designs, passing off, and breach of confidence.

It usually starts with a cease-and-desist letter; unresolved matters proceed to the Court of First Instance (High Court).

Remedies include injunctions, damages, account of profits, and delivery up/destruction of infringing goods.

Criminal Enforcement

Criminal enforcement applies mainly to copyright piracy and trade mark counterfeiting.

It is investigated by the Customs and Excise Department.

Penalties for this are:

• Copyright piracy — up to 4 years’ imprisonment and HKD 50,000 per infringing copy.
• Trade mark counterfeiting — up to 5 years’ imprisonment and HKD 500,000 fine.

Patents and registered designs have no criminal sanctions; enforced only through civil action.

Alternative Dispute Resolution

Mediation and arbitration are encouraged for quicker, cost-effective settlements.

Trade Secrets and Confidential Information

A trade secret is confidential business information that has commercial value and is known only to a limited group. In Hong Kong, trade secrets are protected under the common law of confidence, not by statute.

Examples

Marketing and pricing plans, customer lists, manufacturing methods, design processes, and proprietary recipes (e.g., the KFC chicken formula).

Protection

Owners can take action if trade secrets are misused without consent. Remedies include injunctions, damages, account of profits, and the return or destruction of confidential materials.

Preventive Measures 

Use non-disclosure agreements and confidentiality clauses with employees, contractors, and partners to impose a clear legal duty to keep information private.

IP Management Best Practices

A clear plan to manage and protect intellectual property (IP) helps maintain value, reduce risk, and support growth.

IP Strategy

• Apply to all companies, regardless of size.
• Identify what you create, where you operate, and how IP supports your business goals.
• Review and update your strategy regularly as the business evolves.

Monitoring and Maintenance 

• Keep ownership and creation records for all IP, including employee or contractor assignments, creation dates, and registration details.
• Track renewal deadlines and maintain an updated register of rights.
• Train staff on IP policies.
• Use non-disclosure agreements (NDAs) and assignment clauses in key contracts.

IP Audits

• Conduct regular IP audits to map assets, find gaps, identify third-party risks, and resolve ownership or disclosure issues.
• Use audit results to guide filing priorities, strengthen licensing agreements, and address compliance gaps.

Portfolio Management

• Focus protection efforts on core markets.
• Allow non-essential or low-value rights to lapse.
• Explore monetization options, such as licensing, sales, or collaborations.
• Align your portfolio with your product roadmap and budget.

If you're managing a business from overseas, having a trusted local partner is key. 

Air Corporate can help you register your IP, stay compliant, and protect your rights every step of the way. Reach out to our team to get started.