Latest Posts

09.03.2024 | Criminal Liability for Infringement of Intellectual Property Rights in Hong Kong

1 Engaging in activities that violate the following two intellectual property rights in Hong Kong carries both civil and criminal consequences: Copyright infringement (as stipulated in Section 108 of the Copyright Ordinance, Cap. 528) Infringement of registered trademarks (as stipulated in Section 9 of the Trade Descriptions Ordinance, Cap 362) 2 The department entrusted with the task of conducting criminal investigations and prosecuting infringements of intellectual property rights in Hong Kong is the “Hong Kong Customs and Exercise Department” (HKCED).... MORE

29.02.2024 | Is It Legal To Sell Parallel Imports In Hong Kong?

1 Like the majority of the common law countries, the sale of parallel imports in Hong Kong is predominantly legal. In other words, a businessman should be able to sell parallel imports in Hong Kong freely without restriction by the law. This is the case, though parallel importers should still pay attention to intellectual property rights and avoid violating the following laws during the sale of parallel imports: – Copyright Ordinance – Chapter 528 Trade Marks Ordinance – Chapter 559... MORE

29.01.2024 | Suing Former Employee for Breach of Confidentiality

In Hong Kong, intellectual property rights can be divided into the following 6 categories: – Trademark; Patent; Design rights; Copyright; Passing off; and Right to Confidential Information. The above 1, 2 and 3 require registration before they can be obtained, on the contrary, articles 4, 5 and 6 do not require registration, but only require the owner to provide the required evidence to own the right and (if necessary) sue the infringer. For example, if the owner can preserve and... MORE

Benny Kong & Tsai, Solicitors

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