06 December 2021
DVC’s Winnie Tam SBS, SC, JP delivered a presentation at the recent BIP (Business of IP Asia) Forum on 3rd December 2021. More specifically, she deliberated on issues that came under the banner of: “Your successful IP strategy: Deal Making and Dispute Resolution in Hong Kong.”
Winnie was joined by a panel of esteemed experts in the Intellectual Property arena as they collectively considered what makes Hong Kong a favourable venue for resolving IP disputes both at a local and a regional level.
A summary of her presentation appears below:
1. Under the 14.5 Plan, HK has a pivotal role to play as an international hub in IP trading, thanks to HK as an established financial centre, a legal services hub, and a dispute resolution centre.
2. Winnie also identified a rising trend in cross-border IP infringement cases in E-commerce that gave rise to interesting legal questions on territoriality of IP rights and jurisdictional limits of HK courts over acts of infringement in mainland China.
3. The resolution of disputes in IP trading, such as licensing and tech transfer between contracting parties is best done through arbitration applying HK law, with the unique arrangements with the mainland courts for interim measures and a robust pro-arbitration judiciary as back-up.