At-a-glance:
Intellectual Property Department
24/F & 25/F Wu Chung House, 213 Queen’s Road East, Wan Chai, Hong Kong
Tel: +852 29616901
Fax: +852 28386315 (Patent and design registries), +852 28386082 (Trade marks registry)
Email: enquiry@ipd.gov.hk
Website:...
[more]
At-a-glance:
Intellectual Property Department
24/F & 25/F Wu Chung House, 213 Queen’s Road East, Wan Chai, Hong Kong
Tel: +852 29616901
Fax: +852 28386315 (Patent and design registries), +852 28386082 (Trade marks registry)
Email:
enquiry@ipd.gov.hk
Website:
www.ipd.gov.hk
The only legislative change in Hong Kong last year was the passing of the Companies (Amendment) Bill 2010, which should make it easier, cheaper and faster for brand owners to strike out shadow companies. Application numbers of trade marks and patents have been steady while litigation remains quiet. "Headline litigations are probably dropping off in Hong Kong," says a commentator, who explains that more emphasis is now on mediation and commercial settlement and there is little need to litigate in Hong Kong as production does not take place in the city.
Interestingly, many practitioners point out that sometimes when companies are really bringing a matter to court, they hire small local firms in an effort to try and cut costs. But as these firms do not have a specialised IP practice, they need to hire a barrister to help with the case and clients often end up spending more than they intended.
Despite inactivity in the courts, the IP legal market has been active. The two big events were the retirement of Lindsay Esler from Deacons, and the move of Justin Davidson and his team from DLA Piper to Norton Rose. Other changes saw Sebastian Hughes leave Troutman Sanders, Helen Tang joining Wilkinson & Grist from Jones Day and Audrey Shum's move from Clifford Chance to Stephenson Harwood. It will be interesting to see how these developments affect the balance of power in Hong Kong's IP market.
Elsewhere, observers agree that China is where the future lies. "China is a market that nobody can ignore," says one. Hong Kong still maintains a strong position as "the gateway to China," and firms note that they have been getting more instructions from Chinese companies to manage their IP portfolios as they think the Hong Kong firms are more sophisticated than local Chinese IP firms.
[hide]