A Beginner’s Guide to Hong Kong Intellectual Property Rights: Copyright, Trademarks, Patents, and Registered Designs

If someone creates a device that makes cancer diagnosis simpler, they may plan to raise capital in Hong Kong and bring it to market. 

But without enforceable intellectual property (IP) rights, competitors can copy the idea, making it much harder to recover R&D costs or earn money by licensing the technology.

Because Hong Kong is a major trade and financial center, a lot of industries depend on reliable IP protection. 

This guide covers the essentials—how protection works, how registration works, how licensing works, and when enforcement is handled through civil action versus criminal prosecution.

Understanding Intellectual Property Rights in Hong Kong

IP protects creations of the mind: inventions, brands, content, and product appearance.

Business assets like websites, inventions, logos, and marketing materials fall under IP rights, which deter misappropriation and enable licensing.

Some protection is automatic (copyright), while others require registration (trademarks, patents, designs). For tailored advice, consult a qualified IP lawyer in Hong Kong.

As of 2025, Hong Kong follows international standards (e.g., WTO TRIPS) and maintains a legal framework distinct from Mainland China.

There is no special 2025 “AI copyright” statute; Hong Kong has long recognized authorship arrangements for computer-generated works under the Copyright Ordinance (Cap. 528).

Types of Intellectual Property Rights

The most common types of intellectual property rights include:

1. Copyright

Copyright protects original literary, musical, artistic works, films, sound recordings, broadcasts, and more. 

Protection is automatic in Hong Kong; creators often use declarations or notarization as evidence in disputes. 

Criminal provisions target commercial dealing in infringing copies (see “Enforcement”). 

No government copyright registration exists.

The term for most authors’ works is generally the author’s lifetime plus 50 years, though different rules apply to certain categories such as films, sound recordings, and broadcasts.

2. Patents

Patents protect inventions that are new, involve an inventive step, and are industrially applicable. 

Hong Kong offers standard patents (via original grant) and short-term patents. The standard patent lasts 20 years; the short-term patent lasts 8 years. 

Substantive examination is required (or must be requested before enforcing an STP).

When planning filings, avoid public disclosures that could compromise novelty, and align inventor/assignee names with your company structure.

3. Trademarks

A trademark is any sign that distinguishes your goods/services—names, logos, slogans, and sometimes shapes or other non-traditional marks.

Once registered under the Trade Marks Ordinance (Cap. 559), you gain exclusive rights in Hong Kong for 10 years, renewable indefinitely. 

Hong Kong is not yet available via the Madrid Protocol; file directly with the Intellectual Property Department using Form T2.

4. Registered Designs

A registered design protects a product’s look (shape, configuration, pattern, ornamentation) that appeals to the eye. 

The design must be new at the filing/priority date (global novelty). Registration lasts an initial 5 years from filing and is renewable in 5-year blocks up to 25 years.

Because novelty is global, avoid marketing disclosures, trade shows, or online listings before filing your application.

5. Trade Secrets

Trade secrets are confidential business information with commercial value (formulas, customer lists, processes, strategies). 

They are protected by the common law of confidence and contracts (non-disclosure agreements), not a registry.

Trade secret programs should include access controls, documented confidentiality obligations, and exit procedures for staff and contractors.

Understanding the Hong Kong Intellectual Property Law

You can protect your intellectual property under the relevant Hong Kong IP laws:

Copyright Ordinance (Cap. 528)

Copyright arises automatically once an eligible work is created. 

It can protect written content, software code, photos, videos, website content, marketing materials, music, and artwork. 

Copyright owners control acts such as copying, issuing copies, adapting, and communicating works to the public. 

Commercial dealing in infringing copies can lead to criminal prosecution (see penalties below).

Patents Ordinance (Cap. 514)

Patentability criteria: novelty, inventive step, industrial applicability. 

Routes and Forms

• Standard patent (O): file Form OP1 (filing); then Form OP2 (substantive examination).
• Short-term patent: file Form P6; request substantive examination (OP4) before enforcement.

Trademarks Ordinance (Cap. 559)

Trade marks protect signs that distinguish your goods or services, such as brand names and logos. 

Marks must be distinctive and meet registrability requirements. Applications are filed with the IPD using Form T2 online or in person. 

The official fee is HKD 2,000 for the first class plus HKD 1,000 for each additional class. 

Registration lasts 10 years and can be renewed indefinitely in further 10-year periods.

Registered Designs Ordinance (Cap. 522)

Registered designs protect a product’s appearance rather than how it works. 

Applications are filed with the IPD using Form D1 with clear representations, and publication or advertisement follows. 

The initial term is 5 years from the filing date and renewals are available every 5 years up to a maximum of 25 years. 

Official design fees were reduced with effect from March 1, 2024, so refer to the latest fee schedule when quoting amounts. 

Keeping dated design records and prototypes can help defend against novelty challenges.

Costs and Duration of IP Registration

Timeframes vary by case (objections, oppositions, examination workload). Quote official fees; avoid promising fixed timelines. 

Use IPD references for the most current fee tables and forms.

Where possible, use e-filing to reduce processing friction and receive quicker acknowledgments; diarize each renewal deadline at the time of filing.

IP Licensing and Commercialization in Hong Kong

Licensing lets you grant rights to use your patents, copyright, trademarks, and registered designs in exchange for royalties or fixed fees. 

Licenses are typically exclusive (only the licensee can use the IP) or non-exclusive (you can keep using it and license others). 

Good agreements usually define scope (territory, term, field of use), payment terms, sublicensing, confidentiality, and—especially for trademarks—quality control.

Record registrable transactions (e.g., trademark assignments or charges) with the relevant registry to protect priority and put third parties on notice.

Franchising is a structured form of licensing that typically combines trademarks with operational know-how and trade secrets, plus ongoing brand standards and support.

Beyond licensing revenue, you can commercialize IP by assigning it to a group entity, forming joint ventures, or using IP in financing (e.g., granting security interests). 

If using IP as collateral, ensure the security interest is documented and, where applicable, recorded against the IP.

Protecting Intellectual Property Rights in Hong Kong

Here's an overview of the enforcement options available in Hong Kong to stop IP infringement:

Civil Enforcement

Most IP disputes are pursued through civil proceedings. 

A typical first step is a cease-and-desist letter (often with evidence and a settlement proposal). 

If it doesn’t resolve, you can commence proceedings in the District Court or the High Court (Court of First Instance) depending on the claim value/complexity.

Common remedies include:

• Injunctions (stop the infringement)
• Damages or an account of profits
• Delivery up / destruction of infringing goods/materials

Patent and registered design infringement are civil (not criminal). 

Keep dated evidence of first use and sales (screenshots, invoices, packaging) to support damages/account calculations.

Criminal Enforcement

Criminal routes mainly target copyright piracy and counterfeits/false trade descriptions. 

The Customs and Excise Department (C&ED) leads criminal actions:

• Copyright (certain commercial dealing offenses): up to 4 years’ imprisonment and HKD 50,000 per infringing copy. Other copyright offenses (e.g., device offenses) carry higher fine ceilings under specific sections.
• Counterfeits or false trade descriptions (often tied to trademarks): under the Trade Descriptions Ordinance (Cap. 362), up to HKD 500,000 and 5 years’ imprisonment on indictment (HKD 100,000 and 2 years on summary conviction). Ordinary trademark infringement is typically civil; criminal cases commonly rely on the TDO when counterfeit or false descriptions are involved.

Trade Secrets and Confidential Information

Trade secrets (also called confidential information) are commercially valuable details kept out of the public domain and shared only with a limited group. 

Common examples include recipes, pricing and margin data, algorithms, customer and supplier lists, and manufacturing processes.

How Trade Secrets are Protected

Unlike trademarks or patents, trade secrets are not registered. 

In Hong Kong, protection typically comes from the common law of confidence and contractual obligations (for example, confidentiality clauses in employment, contractor, and vendor agreements).

Audit your agreements periodically to ensure confidentiality, invention assignment, and post-termination restrictions are current and enforceable.

Remedies for Misuse or Breach

If someone misuses or discloses your confidential information, you may seek civil remedies such as:

• Injunctions (to stop further use or disclosure)
• Damages (financial compensation)
• Delivery up (return of documents, files, or materials containing the information)

Consider interim relief applications (e.g., urgent injunctions and search orders) where swift containment is critical.

Steps to Protect Trade Secrets

• Trade secret protection is only as strong as your internal controls. Good practice includes:
• Layered access controls (least-privilege permissions and audit logs)
• Clear confidentiality labels on sensitive documents and repositories
• Exit-interview reminders and return-of-property confirmations
• Periodic confidentiality training for staff and contractors

Use clean-room procedures and need-to-know protocols when collaborating with external vendors or joint-venture partners.

IP Management Best Practices

• Map what to register versus keep secret, and maintain an internal register listing each right, owner, filing date, status, and renewal deadline. Align ownership early by using clear founder, employee, and contractor IP assignment clauses, and document chain of title carefully. For employee-created copyright works made in the course of employment, Hong Kong law generally treats the employer as the first owner unless the parties agree otherwise, so written terms still matter.
• Choose the right trade mark classes and territories and plan for future product lines to avoid costly re-filing later. Run clearance searches before filing to reduce refusals and oppositions. Build goods and services specifications around current and near-term offerings to reduce amendment friction and to manage non-use exposure, noting that non-use revocation can be sought on a three-year non-use basis starting from the registration date.
• Record key transactions where applicable. In particular, record trade mark assignments and other registrable transactions with the Trade Marks Registry to protect priority and strengthen enforceability against third parties. Track renewals and deadlines using a calendar or docketing tool and assign a clear internal owner. Monitor, then enforce proportionately by starting with evidence collection and a cease-and-desist approach, and escalating to court action or criminal channels for clear counterfeiting or piracy patterns when appropriate.
• Run periodic IP audits and valuations by reviewing what you own, what you use, and what you have licensed, especially ahead of fundraising, partnerships, or a sale. Where IP is held or licensed across group entities, align the audit with tax, transfer pricing, and intercompany licensing documentation to reduce downstream compliance issues.

Practical insert: Air Corporate can help align your IP strategy with your corporate structure, manage renewals and changes, and coordinate assignments and filings with licensed IP agents.

Conclusion

Except for copyright (automatic), most rights in Hong Kong require registration with the IPD to secure enforceable exclusivity. Clear filings, careful ownership, and ongoing monitoring help you protect value, license safely, and deter infringement.

Need a coordinated approach to company setup and IP filings? Air Corporate can help implement the structure, handle forms, manage deadlines, and work with specialist IP agents.