CHANG TSI
Insights
Defensive trademarks have been protected in HK based on Trade Marks Ordinance (Cap. 559). It was also possible under Cap. 43 (see sections 55 to 57) to register defensive trademarks.
Section 60 of the Ordinance sets out the conditions for registration of a defensive trademark. Where:
a) the applicant has registered the same mark as a trade mark for certain goods or services;
b) that mark has been used so much in relation to all or any of the goods or services for which it is registered that it has become exceptionally well-known in Hong Kong; and
c) use of the registered mark by someone other than the trade mark owner on other goods or services would be likely to detract from its distinctive character in relation to the goods or services for which it has been so used;
Then the mark may be registered as a defensive trade mark in respect of any or all of those other goods or services, even if there is no intention to use the mark for those goods or services
(Lihan Yang from HK and MO TEAM of Chang Tsi )
Macau Customs maintains an enforcement department for IP investigation that works closely with Mainland Chinese authorities, foreign customs agencies, and World Customs Organization to ensure best practices in encountering criminal organizations engaged in IP theft.
There are no formalities required to obtain copyright protection for a work in the Hong Kong SAR. Works of authors from any place in the world, or works first published anywhere in the world, also qualify for copyright protection in the Hong Kong SAR.
