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Get professional assistance
Applying for international IP can be tricky. We explain how you can find an IP professional to represent you in your target country or region.
If you’re considering applying for an IP right overseas, we recommend engaging an IP attorney. They can help you understand the country’s eligibility requirements and fees, lodge applications, and manage your IP rights once they're protected. In some countries, local laws may require you to work with an IP professional.
Find an IP professional who can represent you in your target country or region by visiting Get professional assistance with your IP.
What types of IP can you register?
In Hong Kong, you can protect your IP with a trade mark, patent or design right.
What to consider
Before applying, make sure you:
- Understand what's considered trade mark in Hong Kong and if your trademark is eligible for protection.
- Consider whether you should apply for a trade mark in Australia first
- Know the cost of applying for a trade mark in Hong Kong
- Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your trade mark hasn't already been protected in Hong Kong. An IP professional can help you with this.
How to apply
For a trade mark in Hong Kong, apply through their Intellectual Property Department.
What to consider
Before applying, make sure you:
- Understand what's considered a patent in Hong Kong and if your idea is eligible for protection
- Consider whether you should apply for a patent in Australia first
- Know the cost of applying for a patent application in Hong Kong
- Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your idea hasn't already been published in Hong Kong. An IP professional can help you with this.
- Know about special filing requirements. For example, you'll need to provide a Chinese translation of your application documents.
How to apply
There are 4 ways to apply for a patent in Hong Kong:
- Through the China National Intellectual Property Administration (CNIPA) - If you have a provisional application, you'll need to file within 12 months to secure your priority date.
- Via the Patent Cooperation Treaty (PCT) - If you have an international application, you can apply to CNIPA and convert your application into a Hong Kong patent application. This is called 'entering the national phase'.
- Via the United Kingdom Intellectual Property Office (UKIPO)
- Through the European Patent Office (EPO) -To be eligible for protection in Hong Kong via EPO, your application will need to designate the UK.
Once you file a patent application through the CNIPA, EPO or UKIPO, you can file it in Hong Kong.
What to consider
Before applying, make sure you:
- Understand what's considered a design right in Hong Kong and if your design is eligible for protection
- Consider whether you should file your design right application in Australia first
- Know the cost of registering a design right in Hong Kong
- Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your design right hasn't already been published in Hong Kong. An IP professional can help you with this.
How to apply
For a design right in Hong Kong, apply through their Intellectual Property Department.
What can be protected without registration?
Hong Kong also administers IP rights for copyright and integrated circuit layouts.
Copyright
As in Australia, copyright in Hong Kong arises automatically when creative material is made.
Integrated circuit layouts
Integrated circuit layouts are protected automatically in Hong Kong as soon as the layout design is created. Therefore, registration isn't required.
Geographical indications
There's no formal protection for geographical indications in Hong Kong.
Trade secrets
There's no formal application or registration process for trade secrets in Hong Kong.
What doesn't have protection?
Plant breeder's rights (PBR)
Plant varieties don't have protection in Hong Kong as it isn't a member of the International Union for the Protection of New Varieties of Plants (UPOV).
Further guidance
- To learn more about intellectual property in Hong Kong, visit the Intellectual Property Department.
- If you're considering exporting to Hong Kong, the Export Council of Australia provides information on licensing, clearances, and access to finance and trade agreements.
