In an increasingly creative and knowledge-driven global environment, intellectual property (IP) plays a vital role in maintaining Hong Kong's competitive edge by providing incentives to entrepreneurs and protection to businesses and services.
"It is important that Hong Kong, through the SAR's Intellectual Property Department, provides the infrastructural support that will attract local and overseas businesses to invest in Hong Kong and give them a framework to monetise their creativity," said Peter Cheung, acting director of the Intellectual Property Department.
"Protection of IP is closely integrated with the well-being of society. Without IP protection there could be widespread erosion of property rights that could mean irreparable damage to the most innovative and creative industries that drive our economy."
To provide the necessary information, advice and services, the department is manned by more than 100 solicitors and paralegals. "Simply put, we try to ensure, through public and private partnership, that creative endeavours or the `sweat of the brow' are protected and rewarded," Cheung said.
"We work closely with government bureaus and international agencies while interpreting existing IP laws to make sure they comply with international legal standards and, at the same time, we take into consideration Hong Kong's legal and IP infrastructure to make sure it is conducive to local stakeholders."
Hong Kong holds a respected position in the international community for the scope and maturity of its IP implementation and structures. Cheung said Hong Kong was renowned for its intellectual property protection, which was as good as, and sometimes even better, than that found in many other developed economies. For example, Hong Kong has successfully implemented various paperless application processes, available to local and international applicants.
He said solicitors and paralegals helped to address frictions, find innovative solutions and prepared for future developments in an area that was constantly evolving. "It is worth remembering that about 80 per cent of the value of Fortune 500 companies is attributed to intangible assets that in different ways are linked to IP," Cheung said.
The IP landscape is constantly changing, providing opportunities for solicitors and paralegals to develop new skills. The rapid expansion of digital information processes, for instance, has created the need to revaluate copyright issues relating to print materials, design and product patents. To cope with these changes the department looks for talented individuals who enjoy the challenge of responsibility while working as a team.
Compared with IP agencies in other jurisdictions, Hong Kong's department holds a special position because here the registration and processing of trademarks, patents, designs and copyright, are administered under the one roof. In most jurisdictions, the various departments are operated as separate entities.
The department is also responsible for advising the Secretary for Commerce and Economic Development on policies and legislation to protect intellectual property and providing civil legal advice on intellectual property matters to government departments.
Entry to the department is set at two levels. Senior solicitors are recruited based on their qualifications and experience, while new recruits are required to hold a degree. However, a degree does not necessarily need to be connected to the legal sector. Cheung was swift to point out that requisite qualifications are the minimum requirements to succeed in the department. There is also the pride factor. "Anyone who works in our department is performing a civic duty that both helps to protect the creative added-value that Hong Kong embraces and, on the world stage, to enhance Hong Kong's reputation as a open, reliable and first-choice place to conduct business," Cheung said.
Cheung described the working environment in the department as similar to that of a medium-sized law practice, underpinned by a friendly family-like atmosphere. While maintaining that employees are adequately compensated for their work, Cheung believes there are other worthwhile intangible rewards such as making a meaningful contribution to Hong Kong society as a whole, supporting the business community and upholding Hong Kong's reputation in the global community.
To keep Hong Kong's competitive edge, Cheung believes intellectual property rights must no longer be viewed merely from a compliance perspective. Instead they should be viewed as an integral part of the business management processes, which encompasses focus on profit, asset management, competitive advantage and strategic vision.
He said Hong Kong was a creative place whose film, television, and sound productions, together with its publications and designs, were well known worldwide and enjoyed a ready market overseas. "Hong Kong is an international trading centre; we need to provide the necessary intellectual property rights protection to our investors to assure them of a free and fair environment in which to do business," he said. "It is in our interest to protect intellectual property rights."
Strong commitment is good news for legal eagles
There's an old saying, "give a man the right tools and he will complete the job". This is just what the government's Intellectual Property Department aims to do for its legal professionals.
"We have a strong, ongoing commitment in place to ensure career support and training," said Peter Cheung, acting director of the government's Intellectual Property Department. The department's support for solicitors and paralegals includes in-house meetings and financial assistance to study recognised degree courses and professional development programmes.
Cheung said it was important for solicitors and paralegals to have the necessary skills to interpret and advise on those international intellectual property laws that affect Hong Kong's business community. Senior solicitors may find themselves acting as expert witnesses in dispute cases or taking the role of arbitrator in trademark or copyright dispute cases.
"The people our staff are dealing with are fellow legal professionals," he said. "So it is important they have the necessary skills and knowledge to carry out their duties effectively."
Legal professionals also receive training to help them play a strategic role in intellectual property issues involving the Asia-Pacific Economic Corporation and the World Trade Organisation, and to work in partnership with Macau and the mainland's intellectual property agencies.
Cheung said support and training could also allow solicitors to contribute to other international intellectual property issues. For example, although Hong Kong has no vested interest in those places where wines and spirits are produced, its Intellectual Property Department has produced an alternative to the United States and Europe's Geographical Indication of Wines and Spirits Register, which both parties were unable to agree on. In addition, the Intellectual Property Department trains its professionals to develop education and awareness programmes for schools and businesses.
To provide support and open channels of communication for legal professionals, the department offers monthly "Inspire, Liberate and Achieve" meetings. "Each hour-long meeting has a timely and coherent job-related theme. It includes pre-meeting study materials, which are up-to-date and include thought-provoking questions to be discussed," Cheung said. "We provide on-the-job and specific training to help our staff decide what kind of things people have a right to call their property. What constitutes a trademark or qualifies as a patent?"
