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Intellectual property · Comprehensive guide

A comprehensive guide to intellectual property in Hong Kong

Trade marks, patents, registered designs and copyright: what each protects, how to register, what it costs and what you must do to keep it.

By DBMS GlobalLast reviewed: 18 October 2026

The answer first

Your brand name, logo, product designs, inventions, software, photographs and marketing copy are often worth more than the equipment on your balance sheet. Hong Kong runs its own IP system through the Intellectual Property Department (IPD), separate from Mainland China and Macao, so registration in Hong Kong protects you in Hong Kong only.

Trade marks, patents and registered designs must be applied for and kept renewed; copyright arises automatically and cannot be registered in Hong Kong. The cheapest time to protect IP is before you launch: a trade mark application starts at HK$2,000 in government fees, a fraction of the cost of rebranding or fighting an infringer later.

At a glance

Trade mark
Brands, logos, slogans; 10 years, renewable without limit; from HK$2,000
Standard patent
Inventions; up to 20 years, annual renewal from year 4
Short-term patent
Inventions, lighter process; up to 8 years
Registered design
Product appearance; 5-year terms up to 25 years
Copyright
Creative works; automatic, no registration, generally life plus 50 years

How Hong Kong's IP system works

The IPD operates the Trade Marks Registry, the Patents Registry and the Designs Registry.

RightMain legislation
Trade marksTrade Marks Ordinance (Cap. 559)
PatentsPatents Ordinance (Cap. 514)
Registered designsRegistered Designs Ordinance (Cap. 522)
CopyrightCopyright Ordinance (Cap. 528)
Counterfeit goods and false trade descriptionsTrade Descriptions Ordinance (Cap. 362), enforced by the Customs and Excise Department
Unregistered brand reputation and confidential informationCommon law: passing off and the law of confidence
  • IP is territorial. A Hong Kong registration protects you in Hong Kong only.
  • Registration is largely first come, first served. Delay is the most common and most expensive mistake we see.
  • Rights must be maintained. Registered rights lapse if renewal fees are not paid on time, and an unused trade mark can be removed.
Key takeawayIncorporating a company, registering a business name or buying a domain name does not give you trade mark rights. Only a registered trade mark at the IPD gives you the exclusive right to use the brand for your goods or services.

Before you file: know what you own

What you haveLikely form of protection
Company or product name, logo, slogan, Chinese nameTrade mark registration
A new technical product, device, formula or processPatent; keep confidential until filed
A distinctive product shape, packaging form or patternRegistered design; possibly also trade mark and copyright
Software, website, app, marketing materials, photographs, manualsCopyright (automatic) plus clear ownership documents
Customer lists, pricing models, recipes, know-howConfidential information: contracts and internal controls
Domain names and social media handlesNot IP rights in themselves; register them alongside your trade mark

Check who actually owns it. Work created by founders before the company existed belongs to the individual unless assigned in writing. For commissioned work from contractors and agencies, ownership depends on the contract. For copyright, the employer is generally the first owner of work made by an employee in the course of employment, but contracts should still deal with IP expressly. In a group, decide which entity should hold the IP before filing.

Trade marks: protecting your brand

A trade mark can be a word, name, logo, slogan, letters or numerals, and in suitable cases shapes, colours and sounds, in English, Chinese or both. Descriptive or generic terms are likely to be refused; invented or distinctive words are easiest to register and enforce. Goods and services are divided into 45 classes, and you pay for each class you claim.

StepWhat happensTiming
1. Clearance searchSearch the register and the market. The IPD also offers a paid preliminary advice service (Form T1).Before filing
2. FileForm T2 with the mark, owner, classes, specification and a Hong Kong address for serviceDay 1, the filing date
3. ExaminationChecked for distinctiveness and conflicts; objections may need a responseTypically a few months
4. PublicationPublished in the Hong Kong Intellectual Property JournalAfter acceptance
5. OppositionThird parties may oppose3 months
6. RegistrationCertificate issued if there is no oppositionAs short as 6 months from filing
ItemGovernment fee (HK$)Type
Application, first class (Form T2)2,000One-off
Each additional class1,000One-off
Preliminary advice, first class (Form T1)400 (plus 200 per additional class)Optional
Renewal, first class2,670Every 10 years
Renewal, each additional class1,340Every 10 years
Late renewal surcharge500If renewed late
Restoration and renewal (after removal)4,000 (plus 1,340 per additional class)Only if needed
Notice of opposition800If you oppose another mark
Recording an assignment (T10) or licence (T11)800 eachWhen needed
  • Renewal can be filed in the 6 months before expiry; after removal, restoration is possible only within 6 months.
  • A mark not genuinely used for 3 consecutive years can be removed. Keep dated evidence of use.
  • Use ® only for registered marks; misuse is an offence. Use "TM" while pending.
  • Consider registering your English mark, Chinese name and combined logo separately, before launch.
Please confirm before relying on: Madrid Protocol statusSources checked in October 2026 did not give a consistent, primary-source position on whether Hong Kong can currently be designated in, or used as the base for, an international registration. We confirm the current position with the Trade Marks Registry at the time of filing. Until then, plan on direct filings in each jurisdiction.

Patents: protecting your inventions

An invention must be new, inventive and capable of industrial application. Discoveries, scientific theories, business methods and computer programs as such are not patentable; software may qualify only where it produces a further technical effect.

Keep it confidential until you fileDisclosing your invention at a trade show, in a pitch deck, on a website or in a sales meeting before filing can destroy its novelty, in Hong Kong and abroad. Use non-disclosure agreements and file first.
Standard patent (R): re-registrationStandard patent (O): original grantShort-term patent
How it worksTwo stages, based on an application at CNIPA, the European Patent Office (designating the UK) or the UK IPOFiled directly in Hong Kong and substantively examined by the IPDFiled directly in Hong Kong; formalities examination, with a search report
Maximum term20 years20 years8 years
RenewalAnnually from year 4Annually from year 4Once, after year 4
Points to noteStrict deadlines tied to the foreign applicationExamination must be requested and paid forAt most two independent claims; substantive examination needed before enforcing in court

For the re-registration route, Stage 1 must be filed within 6 months of publication of the designated application; Stage 2 follows grant by the designated office, within the prescribed period.

ItemGovernment fee (HK$)
Standard patent (R): Stage 1 (Form P4)275 + 68 advertisement
Standard patent (R): Stage 2 (Form P5)275 + 68 advertisement
Standard patent (O): application (Form OP1)345 + 68 advertisement
Standard patent (O): substantive examination (Form OP2)4,000
Short-term patent: request for grant (Form P6)545 + 68 advertisement
Short-term patent: substantive examination (Form OP4)4,000, if required or chosen
Standard patent renewal, years 4 to 10 / 11 to 15 / 16 to 20450 / 620 / 850 per year
Short-term patent renewal (once)1,080
Late renewal surcharge270

The figures shown are the lower filing rates published by the IPD; paper filings cost more for some items. Drafting the specification and claims is specialist work by a qualified patent attorney, and those fees are usually the larger part of the budget.

Please confirm before relying onThe Stage 2 deadline and the deadline for requesting substantive examination under the original grant route are stated in general terms. We confirm exact dates for each application against the current Patents Ordinance and IPD practice. The "patent box" concessionary rate of 5% on qualifying IP profits (from 2023/24) depends on conditions; a Hong Kong tax adviser should confirm eligibility.

Registered designs: protecting how your product looks

A registered design protects the shape, configuration, pattern or ornament of an article where those features appeal to the eye. Only new designs can be registered, so keep designs confidential until filed. The Registry carries out a formalities examination only, and a certificate is normally issued within about 3 months. Priority from a first filing elsewhere may be claimed within 6 months.

ItemGovernment fee (HK$)Type
Application, one design (Form D1)235One-off
Each additional design in the same application175One-off
Publication fee62 per designOne-off
Renewal, 2nd / 3rd / 4th / 5th term475 / 835 / 1,410 / 2,420Every 5 years
Late renewal surcharge390If renewed late
Please noteThe Government consulted in 2025 on modernising the registered designs regime. Fees and some rules may change; we confirm the position in force at the time of filing.

Copyright protects the expression of original works, not ideas. In Hong Kong it is automatic, and there is no official copyright registry.

Type of workDuration
Literary, dramatic, musical and artistic works50 years after the end of the year the author dies
Computer-generated works50 years from creation
Sound recordings50 years from making or release
Films50 years after the death of the last of the principal contributors
Broadcasts and cable programmes50 years from broadcast
Typographical arrangement of published editions25 years from first publication

Prove ownership with dated drafts and source files, version-controlled code, signed assignments and records of first publication. A logo is protected by copyright as artwork, but register it as a trade mark as well.

Key takeawayUsing someone else's photographs, fonts, music or software without a licence is one of the most common ways small businesses infringe copyright. Keep licences on file for everything you use.

Other protections

  • Confidential information: no separate trade secrets statute; protect know-how with NDAs, contract clauses, access controls and exit procedures.
  • Passing off: possible for an unregistered name or get-up, but slower, costlier and less certain than enforcing a registered mark.
  • Company, business and domain names: none of these gives exclusive rights in a brand.

Protecting your IP beyond Hong Kong

Hong Kong registrations do not extend to Mainland China or Macao. Mainland trade marks and patents are filed with CNIPA on a first-to-file basis; file your Chinese-language mark too, before manufacturing or negotiating there.

RightPriority period to file elsewhere
Patents12 months from first filing
Trade marks6 months from first filing
Registered designs6 months from first filing

Owning, licensing and enforcing

  • Assignment transfers ownership; it should be in writing and recorded with the IPD for registered rights.
  • Licensing lets others use your IP while you keep ownership; record trade mark licences promptly.
  • IP can be valued, used in fundraising and offered as security; clean ownership records add value in due diligence.
  • Enforcement usually runs: monitor, gather evidence, oppose or challenge, warning letter (with legal advice), online takedown, Customs action, and civil proceedings through solicitors.

Your IP calendar

DeadlineApplies toIf missed
3 months from publicationOpposing someone else's trade markInvalidation later, at higher cost
6 months from first filingPriority for trade marks and designsLater filings take their own date
12 months from first filingPriority for patentsLater date; novelty may be lost
6 months from publication of the designated applicationStandard patent (R) Stage 1Re-registration route may be lost
Every year from year 4Standard patent renewalPatent lapses
Every 5 yearsRegistered design renewalDesign lapses; no extension
Every 10 yearsTrade mark renewalSurcharge, then removal
3 consecutive years of non-useRegistered trade marksVulnerable to removal

Government fee budgets side by side

ScenarioGovernment fees (HK$)Recurring
One trade mark in 1 class2,000Renewal 2,670 every 10 years
One trade mark in 3 classes4,000Renewal 5,350 every 10 years
English and Chinese marks, 2 classes each6,000Renewal every 10 years
One registered design297Renewal every 5 years from 475
Short-term patent613Renewal 1,080 once; examination 4,000 if needed
Standard patent (R), both stages686Annual renewals from year 4
Standard patent (O)4,413Annual renewals from year 4
CopyrightNilNot applicable

These are government fees only, as published by the IPD in October 2026. Our professional fees, and any patent attorney or legal fees, are quoted separately in writing.

How DBMS Global can help
  • An IP review: what you have, who owns it and what to protect first.
  • Trade mark searches, filing, examination responses, opposition monitoring, renewals and recordals.
  • Patent route selection, coordination with patent attorneys, Hong Kong filings and renewals.
  • Registered design filings and renewals; copyright assignments, licences and NDAs.
  • One deadline calendar for your portfolio, with advance reminders, and acting as your Hong Kong address for service.
  • MAP Asia Pacific advises on IP within expansion, licensing and M&A; RENT-CFO supports IP in reporting and budgeting.

We do not guarantee that any application will be accepted or registered; outcomes are decided by the Registries and, where relevant, the courts.

In summary

  • Register your brand as a trade mark, in English and Chinese, before you launch.
  • Keep inventions and new designs confidential until filed.
  • Make sure the business, not the founder or freelancer, owns what it paid for.
  • Copyright is automatic; protect it with evidence and contracts.
  • Plan Mainland China and other markets within the priority periods.
  • Track every renewal and use deadline.

Official references

  • Intellectual Property Department, www.ipd.gov.hk
  • Hong Kong IP portal, www.ip.gov.hk
  • Trade Marks Ordinance (Cap. 559); Patents Ordinance (Cap. 514); Registered Designs Ordinance (Cap. 522); Copyright Ordinance (Cap. 528), www.elegislation.gov.hk