Hong Kong Patent Service
Hotline: 86-755-82143422 Email: anitayao@citilinkia.com
The Hong Kong patent can play an important role in a company’s worldwide patent portfolio. Although there are other large ports in China, the Port of Hong Kong is still one of the largest in the world, processing more than 24 million container loads of goods in 2008. Additionally, with more than seven million people and being among the highest in Asia for per capita income, Hong Kong is a potentially lucrative consumer market. As a result, companies may still find it worthwhile to obtain Hong Kong patent protection — both to put up one more obstacle for Chinese exporters and to protect a potentially important consumer market.
Additionally, Hong Kong also is home to some of the largest trade shows in the world, including the Hong Kong Electronics Fair, the Hong Kong Optical Fair, and the Hong Kong Houseware Fair. As the exhibition of infringing goods can constitute a public use and/or offer for sale, companies can use Hong Kong patents to stop the exhibition of these products at some of the most important events of the year.
In particular, a patent holder may file a complaint with a trade fair’s on-site legal counsel against exhibited products for patent infringement. Should the trade fair’s legal counsel agree with the infringement allegations, the trade fair organizer can request that the exhibitor remove the suspected infringing products from the exhibition. If the exhibitor refuses to cooperate, the Hong Kong Trade Development Council can enjoin the exhibitor from attending Hong Kong trade shows in the future. The Hong Kong patent can therefore be quite valuable in disrupting infringers’ ability to market their products directly to potential customers.
Furthermore, although Hong Kong patent rights do not extend into the PRC, it is possible to enforce Hong Kong arbitration awards and court judgments in Chinese courts against Hong Kong infringers. Additionally, Hong Kong courts, following the common law system, have a reputation for granting relatively large damage awards. Therefore, even though patent litigation in Hong Kong is fairly expensive, an infringement judgment can serve as a valuable weapon against companies with a sizeable Chinese presence.
Contact Us
For further queries, please do not hesitate to contact ATAHK at anytime, anywhere by simply calling China hotline at 86-755-82143422, 86-755-82143512, or emailing to anitayao@citilinkia.com.