As the Hong Kong government continues its commitment to making intellectual property protection better than any other economy in the world, the third edition of Intellectual Property in Hong Kong is the go-to tool for practitioners, academics, students and interested persons to stay on top of the latest developments in Hong Kong intellectual property law and issues.
Publication Date: January 2024
In recent years, intellectual property has taken centre stage in much policy-making worldwide. In line with this, the Hong Kong government is committed to making Hong Kong an innovation hub. The Copyright Ordinance has recently been updated to deal with the internet era and amendments to the law in relation to artificial intelligence are being considered.
In this new environment Intellectual Property in Hong Kong will be a go-to tool for practitioners, academics, students and others interested in Hong Kong intellectual property law and issues.
Some of the key updates in the 3rd edition include :
- The amendments to the Copyright Ordinance (Cap. 528) which came into effect on 1 May 2023, including the introduction of a safe harbour for internet service providers; the introduction of a communication right and the additions to the fair dealing exemption for parody and satire as well as caching;
- Detailed discussion of the law in relation to unjustified threats in Hong Kong for trademarks, patents and designs.
- Commentary in relation to lex loci protectionis in Hong Kong courts and international arbitration, including guidance given in the International Law Association's Guidelines on Intellectual Property and Private International Law ("Kyoto Guidelines");
- Discussions of the arbitration of intellectual property disputes under the laws of Mainland China, including the arbitrability of intellectual property disputes in China, and whether domestic arbitration is required for wholly owned foreign enterprises;
- Guidance on tests to be applied when seeking to invalidate designs following the CFI decision in Glaxo Group Ltd v Chia Tai Tianqin Pharmaceutical Group Co Ltd  HKCU 2123,  HKCFI 1350;
- JC Bamford Excavators Ltd v Manitou UK Ltd & Anor  EWCA Civ 840 wherein the law of confidence was restated. There was also emphasis on the fact that the court would look to the relative nature of confidential information rather than adopting a purely black-and-white approach;
- The English decision in Shazam Productions Ltd v Only Fools The Dining Experience Ltd & Ors  EWHC 1379 (IPEC) wherein copyright infringement by performance of roles adapted from a TV show was considered. It was held that a character could be a literary work while scripts were dramatic works;
- The 2021 amendments to the Personal Data (Privacy) Ordinance (Cap.486), including powers of prosecution given to the Privacy Commissioner, as well as powers to seek civil injunctions to prevent acts that would otherwise be criminal offences under the said Ordinance.
1 The Historical Development of Hong Kong's Anti-Corruption Law
2 The ICAC of the Hong Kong SAR - Part I: Establishment and Structure
3 The ICAC of the Hong Kong SAR - Part II: Jurisdiction and Operations
4 Powers of Arrest and Detention
5 Part I of the Prevention of Bribery Ordinance
6 The Mens Rea of Part II Offences
7 Sections 3 and 8, Prevention of Bribery Ordinance: The Offer and Acceptance of Advantages without a Corrupt Purpose
8 Sections 4 and 7, Prevention of Bribery Ordinance: Corruption Involving Public Bodies
9 Section 9, Prevention of Bribery Ordinance: Corrupt Transactions with Agents
10 Section 10, Prevention of Bribery Ordinance: Explaining Undue Wealth
11 Sentencing for Corruption Offences
12 Powers of Investigation
13 Prosecuting Offences under the Prevention of Bribery Ordinance
14 The Common Law Offence of Misconduct in Public Office