The Intellectual Property Department (IPD) of Hong Kong has announced a new set of trade mark, patent, and design forms that will come into effect on 16 May, 2025. A notable feature of these forms is the requirement for agents to declare their local physical presence, ensuring compliance with relevant statutory requirements and highlighting the fact that it would be an offence in law to furnish any false statement/information or make a false declaration in relevant forms.
Why This Change is Happening
This change addresses concerns regarding filings made by agents not physically based in Hong Kong, which can affect the stakeholders’ IP rights. In the past, it has been observed that many of these foreign agents are not actually based in Hong Kong, leading to delay in communication and missed deadlines, especially in contentious proceedings.
Furthermore, some of these foreign agents may not be familiar with the local rules and practices, potentially resulting in suboptimal advice for stakeholders, leading to wasted costs and additional costs in refiling. By mandating a local presence for agents, the IPD aims to enhance accountability and facilitate better oversight of IP transactions.
This change also coincides with a recent incident relating to a series of irregular ‘Change of Representative’ requests submitted by unauthorized third parties attempting to replace legitimate IP representatives with fictitious entities at the EUIPO.
Benefits for Brand Owners
The new forms provide several advantages for brand owners:
1. Increased Accountability: With local representation required, stakeholders can expect greater reliability and support in managing their intellectual property rights.
2. Enhanced Due Diligence: The introduction of new data fields will improve transparency in IP transactions, allowing stakeholders to make more informed decisions.
In summary, the IPD's new forms represent a significant improvement in Hong Kong's intellectual property landscape, benefiting brand owners by fostering a more accountable and efficient system.
For more details, visit the official IPD announcement.
