Pendleton, Michael --- "Protection of Intellectual Property in Hong Kong" [2011] ELECD 844; in Kariyawasam, Rohan (ed), "Chinese Intellectual Property and Technology Laws" (Edward Elgar Publishing, 2011)

Book Title: Chinese Intellectual Property and Technology Laws

Editor(s): Kariyawasam, Rohan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849800082

Section: Chapter 7

Section Title: Protection of Intellectual Property in Hong Kong

Author(s): Pendleton, Michael

Number of pages: 65

Extract:

7. Protection of intellectual property in
Hong Kong
Michael Pendleton1

7.1. INTRODUCTION

Hong Kong is a Special Administrative Region (SAR) of the People's
Republic of China. Much of China's entire legal system was created in the
early 1980s, the Trademark Law 1982 for example. However, Hong Kong
has as long a history and immersion in intellectual property as many coun-
tries of Western Europe or the United States. This, of course, is due to the
influence of the United Kingdom during the period in which it colonized
Hong Kong. As a result, Hong Kong's intellectual property laws are rich
and diverse. For at least a century, these laws have also been heavily biased
in favour of the rights holder, the colonial power having taken the view that
this is essential to enticing foreign capital. Indeed Hong Kong, which is a
member of the World Trade Organization (WTO), was the first member
of the WTO to seek TRIPS compliance for its intellectual property laws.
Hong Kong is a member of the WTO independently of China and in its
own right. In fact, it is the only non-sovereign member state of the WTO.
In addition to the complexity of Hong Kong's intellectual property law,
the judge-made law, that is the common law, is equally rich and diverse.
For a long time, and even to an extent today, members of the Hong
Kong judiciary were appointed from the ranks of experienced barristers
(advocates) from foreign jurisdictions ...