Intellectual Property in Hong Kong 3rd ed

NOT YET PUBLISHED

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.  

Since the 1990’s the Chinese intellectual property system has improved beyond recognition driven by a strong policy of the Chinese government to develop an innovation economy.  Most recently, the Chinese government has announced the establishment of a special tribunal in the Supreme People’s Court to hear appeals in patent and other complex technology cases. 

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 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; 
-    Discussions of the arbitration of intellectual property disputes under the laws of Mainland China, including the arbitrability of such intellectual disputes in China, and whether domestic arbitration is required for wholly owned foreign enterprises;
-    Discussions 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"); 
-    Glaxo Group Ltd v Chia Tai Tianqin Pharmaceutical Group Co Ltd [2022] HKCU 2123, [2022] HKCFI 1350, which should now be considered the principal case for providing guidance on tests to be applied when seeking to invalidate designs; 
-    The English decision in Shazam Productions Ltd v Only Fools The Dining Experience Ltd & Ors [2022] 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 amendments to the Copyright Ordinance which came into effect on 1 May 2023, which include 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; and 
-    JC Bamford Excavators Ltd v Manitou UK Ltd & Anor [2023] 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.