Jan 22, 2026 | The Broad Scope of Copyright Protection under Hong Kong Law

The Broad Scope of Copyright Protection under Hong Kong Law

1. Under the Copyright Ordinance (Cap. 528) of the Laws of Hong Kong, copyright works are protected by law. These works include, but are not limited to, literary works and artistic works. As long as the copyright owner can demonstrate the originality of the work and provide copyright details (such as the date of creation, the author, and the date of publication), the law offers protection against unauthorized use or infringement.

2. If an infringer disseminates or commercially exploits a literary work (e.g., an article) or an artistic work (e.g., a photograph) without the consent of the copyright owner, such conduct constitutes a breach of Sections 30 to 34 of the Copyright Ordinance (Cap. 528). In such cases, the copyright owner may initiate civil proceedings against the infringer.

3. The definition of copyright works under Hong Kong law is broader than that in many other jurisdictions, which is highly beneficial for copyright owners. The following examples illustrate the scope of what may constitute a copyright work under Hong Kong law.

Product Description Texts

4. A set of product description texts – even consisting of as few as a dozen words – may qualify for copyright protection under Hong Kong law. For instance:

(a) (Product’s usage instructions) “After using the cleaning agent to remove dust and stains from the surface…”
(b) (Product description) “This product is based on an early 1970s American formula…”

5. It is sufficient to show that the author created the work using independent skill, judgment, and effort. If so, the work will be protected as a copyright work under Hong Kong law. Photographs and Illustrations

6. Similarly, even a single photograph or a series of illustrations can be protected under the Ordinance:

(a) A single photograph:

(b) A set of illustrations:

7. In practice, proving copyright in photographs or illustrations is generally easier than proving copyright in text-based works.

8. In the author’s over 30 years of experience handling copyright litigation, there has never been a case where an infringer claimed to have independently created an identical photograph or illustration prior to the appearance of the copyright owner’s work. At most, infringers argue they are the original creators, but during the discovery stage of litigation, they rarely dare to make a statutory declaration affirming such claims.

Trademark Designs

9. If a trademark comprises a graphic design, it may also enjoy copyright protection under Hong Kong law. A graphic design in a trademark is treated similarly to the above-mentioned artistic works. If such a design is used without authorization, the owner may initiate legal proceedings based on the following causes of action: Retail Store Layout and Design

(a) Copyright infringement of the graphic design;
(b) Infringement of a registered trademark, if the mark is registered;
(c) Passing off under common law.

10. This category of protection is less commonly known. The author has encountered three cases involving such claims, all pertaining to food and beverage establishments.

11. Where the owner’s store layout features a distinctive arrangement, and the infringer reproduces a substantially identical or strikingly similar layout, the copyright owner may consider initiating proceedings for infringement of the store’s design.

12. In these scenarios, the infringers often imitate other elements as well, such as menus and the names of food items. When initiating proceedings, the copyright owner should identify all imitated elements to demonstrate the infringer’s intentional copying.

Conclusion

13. In summary, the scope of copyright protection in Hong Kong is extremely broad. When faced with unauthorized use or imitation of text or graphic works, rights holders are strongly advised to consult a lawyer well-versed in copyright law to ensure their rights are properly preserved and enforced.