Minutes - TRIPS Council - View details of the intervention/statement

H.E. Ambassador Dr Lansana GBERIE
Hong Kong, China
13 INTELLECTUAL PROPERTY AND INNOVATION: CROSS-BORDER COOPERATION AMONG IP OFFICES
338.   I would like to first thank Japan for taking the lead in co-ordinating the paper, which Hong Kong, China is pleased to support. As pointed out in the paper, while the industrial property system is based on the principle of territoriality, we see merits in cross-border cooperation among IP offices, as it can greatly contribute to enhancing legal certainty and predictability, thereby supporting cross-border trade and investment. 339.   For Hong Kong, China, our Intellectual Property Department has been active in forging ties with IP offices over the world. Such cross-border cooperation takes different forms. First, to strengthen cooperation and exchange with other IP offices, we have signed a number of memoranda of understanding with other IP offices and organisations over the years (such as the IP offices in Australia, Republic of Korea and Mexico respectively, as well as the International Trademark Association). 340.   Second, to promote awareness of IP among businesses, we held different workshops and seminars in collaboration with other IP offices. For example, we organised a workshop together with the Republic of Korea and Mexico in 2018 to promote the best practices in licensing for SMEs in the creative industries. We also organised an online workshop with ASEAN in December 2022 to share the best practices in IP commercialisation in a knowledge-based economy. 341.   Third, we benefit from cross-border collaboration in human resource development. Following a fundamental review of Hong Kong, China's patent system, we launched an original grant patent system in 2019. The new patent system, which runs in parallel with the existing re-registration system, provides a direct filing route for seeking standard patent protection in Hong Kong, China. To build up the capability of our patent examiners in conducting substantive examination, they have been joining a 4-month comprehensive training provided by the China National Intellectual Property Administration (CNIPA), covering different areas such as patent searches, classification, and substantive examination. In this regard, we are very grateful for the support rendered by the CNIPA. With the benefit of the memorandum of understanding with IP Australia, our Intellectual Property Department also appreciates the collaboration on capacity building, in particular the exchanges and sharing with our patent examiners on different patent issues. 342.   Last but not least, Hong Kong, China has been spearheading development as a regional IP trading centre. Our Intellectual Property Department collaborates with the respective IP authorities in Mainland China and the Macao Special Administrative Region in organising exchanges, seminars, symposiums and IP expos for promoting IP awareness, protection, management, commercialisation and our IP professional services, notably in the Guangdong-Hong Kong-Macao Greater Bay Area. Such efforts would not only enhance protection of industrial property across the three jurisdictions, but also contribute to regional economic development through trade and investment. 343.   Hong Kong, China will continue to foster collaboration with other IP offices on capacity building and promoting public awareness of the importance of IP in world trade. We look forward to learning about other Members' experiences as we work together to develop a more globalised industrial property system.
63. The Council took note of the statements made.
61. The Chair said this item had been put on the agenda at the request of the delegations of Australia; Canada; the European Union; Hong Kong, China; Japan; Singapore; Switzerland; the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu; the United Kingdom and the United States of America. These delegations had also submitted a communication on this topic, circulated in document in order to allow Members to prepare for today's discussion.
62. The representatives of Japan; the United States of America; Singapore; Switzerland; Australia; Chinese Taipei; the United Kingdom; Canada; Hong Kong, China; the European Union; Korea, Republic of; Peru; India; Bangladesh; South Africa; Canada and the World Intellectual Property Organization took the floor.
63. The Council took note of the statements made.
IP/C/M/107, IP/C/M/107/Add.1