Buyers can shop with confidence in Hong Kong, where the government’s No Fakes campaign shows the strength of its brand protection initiatives
	Michael Flint, partner and patent attorney with Marks & Clerk, says Hong Kong offers protection if you register IP in the city

Hong Kong provides an ideal bridge between the West and China for intellectual property protection, according to Simon Speeks, a partner in the Hong Kong office of UK’s leading trademark and patent attorney firm Marks & Clerk.

“Hong Kong has Western experience, but it also has Chinese knowledge. Many overseas firms don’t understand how Chinese patent law operates. Here in Hong Kong we have someone who understands their point of view, and also understands Chinese law and culture,” said Mr Speeks.

Marks & Clerk helps foreign and local companies acquire, secure and register IP rights and manage their IP portfolios, and counts leading brands such as MGM, McDonalds and Southern Comfort among its clients. The company plans to open a Shanghai office this year.

Because Hong Kong and China have separate legal jurisdictions, companies have to register IP rights in both Hong Kong and China.

“If companies are setting up in China, it’s very important to look at protecting their ideas, otherwise the likelihood is that the possibility of an infringement occurring is much higher in China, or South East Asia generally, than elsewhere. Without some form of IP registration (e.g. Patent, Design or Trademark) it is almost impossible to take effective action against infringers.

“Often foreign firms will manufacture products in China for export to Europe or the USA without problems. It is when they enter the China market and the products become known in China that the problems can start. For example, recently we had a local HK client who discovered that one of its products was being copied on the Mainland. Without a Mainland design registration there was little that could be done to prevent the copying. The copied products then began appearing in other overseas markets. If the client had a Chinese design registration they would have had a chance to prevent the copying at is source,” said Michael Flint, partner and patent attorney with Marks & Clerk.

“ IP is proactive – companies have to prepare in advance. Prevention is better than cure. Companies need to be aware of the dangers, not only in China but anywhere else in the world – and the question is how you can minimise that risk, and what actions can be taken to stop it. Hong Kong offers protection if you register IP here. You can litigate in the Hong Kong courts, and Hong Kong customs are very proactive with regards to transshipped goods coming out of China. Hong Kong is also the best place to pursue legal proceedings,” he added. Mr Flint, like most patent attorneys, comes from a science engineering background because “patent law is very scientific” whereas trademarks are more “law-based”.

“You have to remember that China has come an awfully long way in the last 20 years with regards to IP protection. China’s IP laws and the remedies available to IP rights holders compare very favourably with Western jurisdictions. Enforcement remains a problem, but things are getting better all the time,” said Mr Speeks.

A new approach to IP awareness

HKSAR Government’s Director of Intellectual Property Stephen Selby agreed that things are moving fast in China. At a recent business luncheon in London, he said: “We are working very closely with our counterparts in the Central Government of the People’s Republic of China, and we have fantastic cooperation with them. They are desperately keen to get something done, not only because of pressure they’re receiving from Europe and the US, but also because of pressure from their own entrepreneurs who are saying there’s no way they’d be involved with developing new and innovative products if they can’t make a profit.”

“Our interest in both Hong Kong and China is to build up a base of stakeholders in intellectual property protection because until you’ve got a groundswell of stakeholders you won’t get compliance,” said Mr Selby. “And almost everything we do in Hong Kong has implications across the border.”

Mr Selby explained that Hong Kong’s Intellectual Property department is taking a new creative approach to IP protection. They are working to find an approach that deals with IP in a way sympathetic to traditional Chinese concepts. Through reference to Sun Tzu’s The Art of War, they are encouraging a proactive approach to IP protection in a way that seems to have its roots in Chinese culture rather than appearing to be a foreign perspective.

The Department is also working hard to educate the public about the concept of intellectual property, including a popular advertising campaign featuring movie idols Arnold Schwarzennegger and Jackie Chan. A recent survey in Hong Kong showed that 87.5% of respondents could correctly identify what is meant by intellectual property.

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HK Government IP department