City
HK Tech 300 webinar named “Intellectual Property & Startup” was held on 29th
May 2021. Mr. Frederick Kwok, Mr. Steven
Fung and Mr. Raymond Chan are invited guests for this talk and Dr. Victor Lau
is moderator.
Mr.
Frederick Kwok (Senior Solicitor, IPD, HKSAR Government) was the first speaker
and he introduced what is intellectual property that including Patent,
Trademark, Registered Design and Copyright.
Then
he briefed there are three types of patent including Standard Patent (Original
Grant), Standard Patent (Re-registration) and Short-term Patent. Their protection year, direct filling and
substantive examination were different.
He also explained the patentability which depended on Novelty, Inventive
Step, Susceptible of Industrial Application and Not under Excluded Categories.
And
then he mentioned the procedure of Standard Patent (Original Grant), Standard
Patent (Re-registration) and Short-term Patent. The standard 5 steps are “Filling
of application”, “Formality examination”, “Publication”, “Substantive
examination” and “Grant of patent”.
Finally,
Mr. Kwok stated Trade Mark which is a sign that distinguishes the goods and
services of one trader from those of others (10 years). Registered Design included features of shape,
configuration, pattern or ornament applied to an article by any industrial
process (25 years, renew every 5 years). And Copyright that protect form of
expression but not ideas. Lastly, he
briefed the service of IP department (IPD) and shared some resource links.
Mr.
Steven Fung (Partner, Marks & Clerk Hong Kong) was the second speaker. He then gave an overview on “Types of IP”, “IP
Systems Mechanics”, “Recognizing IP in your business” and “Steps for the
Entrepreneur”.
Some
examples for types of IP were discussed.
Then
he introduced the IP system mechanics including Jurisdiction Based and Multi
Stage Process. And then he asked
questions to recognizing IP in our business such as “What do you have?”, “Is
this of Value?” and “Would I be OK if everyone else had it too?” Mr. Fung then gave a tip that “Recognizing IP
is always about the commercial outcome. Let your Attorneys worry about the
logistics.”
There
are four steps for the entrepreneur on IP as follows: Am I infringing? Regular
IP audit, Capture the IP and Realizing Value of IP.
Finally, he mentioned different patent
application grant (PAG) and also gave some more tips below.
-
IP needs to be captured ASAP,
often before it is disclosed.
-
Take Advantage of the “Delays”
afforded by the systems.
-
Periodic Review and Follow up.
-
Don’t get held up by
Infringement / Capturing IP.
-
Government Funding is available
in Hong Kong.
Q&A
Session was at the end.
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