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Hong Kong Intellectual Property Law: Global Media and Entertainment Legal Developments

Writer: Anna Lau
Anna Lau
Jul 16, 2021
3 min read

Updated: Apr 24

Author: Anna Lau, Litigation Partner

The intellectual property situation is getting from bad to worse. To be a programmer, it requires that you understand as much law as you do technology.”- Eric Allman

It has long been said that innovation without the guarantee that creators can enjoy the fruits of their labour is the ultimate deterrent to innovation. Jurisdictions that fail to ensure proper intellectual property protection often face severe consequences, including brain drain and economic loss.


Hong Kong Intellectual Property Law: Global Media and Entertainment Legal Developments

Accordingly, jurisdictions offering strong Hong Kong intellectual property law protection naturally attract innovative businesses and entrepreneurs seeking a reliable gateway to regional and global markets.


Global Overview of Intellectual Property Law Developments


To understand how different jurisdictions protect intellectual property, the following is a comparative overview of recent intellectual property law developments worldwide.


Hong Kong


Pursuant to the Trademarks (Amendment) Ordinance 2020, a new Part XA was added to the Hong Kong Trademarks Ordinance, providing a statutory basis for implementing the Madrid Protocol in Hong Kong.


The Madrid Protocol provisions will come into force on a date to be appointed by the Secretary for Commerce and Economic Development, with implementation expected in the near term following preparatory work.


People’s Republic of China (PRC)


The fourth amendment of the Chinese Patent Law (2020) took effect on 6 June 2021, introducing a partial design system, extending the protection period of design patents to 15 years, and establishing a domestic priority system for design patents.


United Kingdom (UK)


Following the UK’s departure from the EU, approximately two million EU rights were cloned onto the UK register. Pending EU applications as of 31 December 2020 required re‑filing in the UK to maintain protection.


United States of America (USA)


The COVID‑19 relief and government funding bill enacted on 27 December 2020 introduced several IP‑related measures, including the CASE Act, the Protecting Lawful Streaming Act, and the Trademark Modernization Act.


Australia


Australia announced fee increases for various IP matters effective 1 October 2020, including patent renewal fees and trademark filing fees, with significant implications for rights holders.


Conclusion


Hong Kong’s role as a common law gateway into China positions it uniquely to provide strong intellectual property protection to global businesses. Recent developments show Hong Kong steadily aligning with international IP standards, enhancing its attractiveness as a base for innovation and IP‑driven enterprises.


How Ravenscroft & Schmierer Can Help?


Navigating Hong Kong intellectual property law and cross‑border IP developments requires careful strategic planning. Ravenscroft & Schmierer advises businesses on IP protection, trademark and patent strategy, regulatory developments, and cross‑jurisdictional IP risk management.


If you require advice on protecting or enforcing intellectual property rights, contact us to discuss your circumstances and available options.


FAQ: Hong Kong Intellectual Property Law


What is intellectual property law?

Intellectual property law governs the protection of inventions, designs, trademarks, copyright, and related rights.

Hong Kong offers a strong common law system, efficient IP registration processes, and serves as a gateway to Mainland China.

The Madrid Protocol is an international system for trademark registration allowing protection across multiple jurisdictions through a single application.

Yes. While international conventions exist, IP laws and enforcement mechanisms vary widely by jurisdiction.

Ravenscroft & Schmierer advises on IP registration, enforcement strategies, and cross‑border IP risk management.

Yes. We advise on filing strategies, portfolio management, and regulatory developments.

Yes. We advise on IP litigation, enforcement actions, and dispute resolution.

This article is co-authored by Joshua Chu from ONC Lawyers


Disclaimer: Whilst every effort has been made to ensure the accuracy of this article it is general in nature and does not constitute legal advice of any kind. You should seek your own personal legal advice before taking legal action. We accept no liability whatsoever for loss arising out of the use or misuse of this article.


For specific advice about your situation, please contact:


Anna Lau

Litigation Partner

+852 2388 3899

 
 
 

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