The Hong Kong Trade Mark (Amendment) Bill 2019 amends the Hong Kong Trade Marks Ordinance to bring the international registration system under the Protocol Relating to the Madrid Agreement into national law.
The Bill was officially gazetted last month by being introduced into the Hong Kong Legislative Council, and seeks to ensure that the International Registration of Marks includes the jurisdiction of Hong Kong within the central database of Trademarks.
The Madrid Protocol is a universal system which allows for:
A centralised device for those seeking to register a trademark with the official register of the International Bureau of the World Intellectual Property Organisation (WIPO).
Providing a mechanism for those seeking an extension of protection for a specific trademark in multiple countries by only filing one application.
Previously, businesses in Hong Kong would have to create individual applications for each jurisdiction they required a trademark in. The Government have expressed that the implementation of the protocol will save businesses time and resources in the process of obtaining and retaining international trademark recordings.
The Trade Mark Bill’s implementation shows the Hong Kong Government’s commitment to continually enhancing and modernising the country’s intellectual property regime and business efficacy. The Madrid Protocol currently has 103 contracting parties including China and many other chief trading partners of Hong Kong such as the UK, however it has only been a part of national legislation for one month so far.