ENG-2003 — Page 163

COMMERCE AND INDUSTRY

Trade Marks

The Trade Marks Registry is responsible for the registration of trade marks in respect. of goods and services. On April 4, 2003, the new Trade Marks Ordinance came into effect. The new ordinance increases the range of signs that can serve as trade marks and simplifies the registration procedures. More user-friendly features such as multi- class applications, reduction of the number of forms from 42 to 15 have also been introduced. In addition, there has been a substantial reduction in registration fees.

In 2003, 20 382 applications were received, comprising 16017 single-class applications and 4 365 multiple-class applications. During the period, 20 359 marks were registered, an increase of 25.4 per cent compared with 16 240 in 2002. Out of the total of 80 countries filing applications, the principal places from which applications originated were:

HK, China

USA

Japan

Germany

China

7 374

3.489

France

758

2116

United Kingdom

Switzerland

680

547

969

888

British Virgin Islands

475

Italy

319

The register had a total of 171 140 marks as at December 31, 2003.

Patents

The Patents Ordinance provides for the grant of standard patents based on patents granted in the State Intellectual Property Office of China, the United Kingdom Patent Office or the European Patent Office (in respect of patents designating the United Kingdom). It also provides for the grant of short-term patents. In 2003, the Patents Registry received 9 102 standard patent applications and 3 075 were granted. During the period, there were also 398 applications for grant of short-term patents, and 335 were granted.

Registered Designs

The Registered Designs Ordinance enables designs to be registered independently in the HKSAR. In 2003, the Designs Registry received 2 339 applications for registration of 3 327 designs, comprising 1 933 single-design applications and 406 multiple-design applications. During the period, 3 310 designs were registered.

Copyright

The Copyright Ordinance provides protection for literary, dramatic, musical and artistic works, typographical arrangements of published editions, sound recordings, films, broadcasts, cable programmes, and performers' performances irrespective of the domicile of the copyright owners. In line with international standards, there is no requirement to register copyright.

The Copyright (Amendment) Ordinance 2003, which took effect on November 28, removed civil and criminal liabilities pertaining to parallel importation of and subsequent dealing in articles commonly known as computer software products. However, if the principal attraction of a computer software product is musical or visual recordings, movies, television dramas, e-books, or a combination of them, then restrictions continue to apply.

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