IT.Law@hku.hk

Introduction to Intellectual Property Rights and IT

Alice Lee, Assistant Professor of Law, University of Hong Kong

(extracts from more detailed material provided by the Intellectual Property Department of the HKSAR Government at http://www.info.gov.hk/ipd )

 4 February 2002
 

  • What is copyright?
  • What are Registered Designs?
  • What are Patents?
  • What are Trade Marks?

    • What is copyright?

    In general, copyright is the right given to the owner of an original work. This right can subsist in literary works such as books and computer software, musical works such as musical compositions, dramatic works such as plays, artistic works such as drawings, paintings and sculptures, sound recordings, films, broadcasts, cable programmes and the topographical arrangement of published editions of literary, dramatic or musical works, as well as performers' performances. Copyright works made available on the Internet environment are also protected.

    In fact, the subsistence of copyright does not require the work to have an aesthetic value nor to be clever nor very creative. It exists even in an item as simple as a photograph taken by an ordinary person in daily life.

    Copyright is an automatic right. It arises when a work is created. Unlike other intellectual property rights such as patents, trademarks and industrial designs, it is not necessary to register a copyright in Hong Kong in order to get protection under the law.
     
     

    What are Registered Designs?

    Designs can be registered for a wide range of products, including computers, telephones, CD-players, textiles, jewelry and watches.

    Registered designs protect only the appearance of products, for example the look of a computer monitor. Registration of the design does not protect the way in which the design product works. Protection for the way in which a product works may be available under patent law. Computer software is protected under copyright law.

    Registered design owners have the right to prevent others from manufacturing, importing, using, selling or hiring the design product. Registered design protection is renewable for periods of five years up to a maximum of 25 years.

    What are Patents?

    Patents protect inventions, that is products, substances, or processes which are new and inventive. Patent owners have the right to prevent others from manufacturing, using, selling, or importing the invention. There are two types of patents in Hong Kong: standard and short-term. Protection under standard patents is renewable annually for a maximum of 20 years. Protection under short-term patents is renewable, after four years from filing, for a maximum term of eight years.

     
     

    What are Trade Marks?

    A trade mark is used to promote and identify a manufacturer's or trader's goods and services and it enables the purchasing public to distinguish them from the goods and services of other manufacturers or traders. A trade mark may be any sign that is visually perceptible and capable of being represented graphically and may, in particular, consists of words, personal names, letters, numerals, figurative elements or combination of colours, and includes any combination of such signs.