Intellectual property in Hong Kong

Having an Australian or Chinese trade mark, patent or design right doesn't secure protection in Hong Kong. Here's how you can protect your IP in Hong Kong. 

What types of IP can you register?

In Hong Kong, you can protect your IP with a trade mark, patent or design right.

What to consider

Before applying, make sure you:

  1. Understand what's considered trade mark in Hong Kong and if your trademark is eligible for protection.
  2. Consider whether you should apply for a trade mark in Australia first
  3. Know the cost of applying for a trade mark in Hong Kong
  4. Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your trade mark hasn't already been protected in Hong Kong. An IP professional can help you with this. 

How to apply

For a trade mark in Hong Kong, apply through their Intellectual Property Department.

Apply via the Intellectual Property Department

What to consider

Before applying, make sure you:

  1. Understand what's considered a patent in Hong Kong and if your idea is eligible for protection
  2. Consider whether you should apply for a patent in Australia first
  3. Know the cost of applying for a patent application in Hong Kong
  4. Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your idea hasn't already been published in Hong Kong. An IP professional can help you with this. 
  5. Know about special filing requirements. For example, you'll need to provide a Chinese translation of your application documents.

How to apply

There are 4 ways to apply for a patent in Hong Kong:

  1. Through the China National Intellectual Property Administration (CNIPA) -  If you have a provisional application, you'll need to file within 12 months to secure your priority date.
  2. Via the Patent Cooperation Treaty (PCT) - If you have an international application, you can apply to CNIPA and convert your application into a Hong Kong patent application. This is called 'entering the national phase'.
  3. Via the United Kingdom Intellectual Property Office (UKIPO)
  4. Through the European Patent Office (EPO) -To  be eligible for protection in Hong Kong via EPO, your application will need to designate the UK.

Once you file a patent application through the CNIPA, EPO or UKIPO, you can file it in Hong Kong.

Apply via CNIPA  Apply via the PCT

What to consider

Before applying, make sure you:

  1. Understand what's considered a design right in Hong Kong and if your design is eligible for protection
  2. Consider whether you should file your design right application in Australia first
  3. Know the cost of registering a design right in Hong Kong
  4. Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your design right hasn't already been published in Hong Kong. An IP professional can help you with this. 

How to apply

For a design right in Hong Kong, apply through their Intellectual Property Department.

Apply via the Intellectual Property Department

What can be protected without registration?

Hong Kong also administers IP rights for copyright and integrated circuit layouts.

Copyright

As in Australia, copyright in Hong Kong arises automatically when creative material is made.

Integrated circuit layouts

Integrated circuit layouts are protected automatically in Hong Kong as soon as the layout design is created. Therefore, registration isn't required.

Geographical indications

There's no formal protection for geographical indications in Hong Kong.

Trade secrets

There's no formal application or registration process for trade secrets in Hong Kong.

What doesn't have protection?

Plant breeder's rights (PBR)

Plant varieties don't have protection in Hong Kong as it isn't a member of the International Union for the Protection of New Varieties of Plants (UPOV).

Further guidance

  • If you're considering exporting to Hong Kong, the Export Council of Australia provides information on licensing, clearances, and access to finance and trade agreements.
  • For information about Hong Kong's export market and economy, you can check Austrade and DFAT's profiles on Hong Kong.