Speech by SJ at 15th Business of IP Asia Forum Concurrent Breakout Session
Following are the welcome remarks by the Secretary for Justice, Mr Paul Lam, SC, at the 15th Business of IP Asia Forum Concurrent Breakout Session "From Trends to Triumph: Conquering the Legal Hurdles in IP Commercialization" today (December 5):
Distinguished guests, ladies and gentlemen,
Good afternoon. I welcome you all to this thematic breakout session co-organised by the Department of Justice and the Hong Kong Trade Development Council.
In recent years, the popular art toy industry and the "goods economy" have expanded rapidly worldwide. Notably, the iconic art toy character Labubu, created by a renowned Hong Kong designer, has received the most attention. Its diverse range of IP (intellectual property) merchandise, from "blind boxes" and plush toys to apparels and accessories, have generated considerable profits in the markets of Hong Kong and beyond.
But the art toy phenomenon is more than a momentary trend, it presents valuable opportunities for Hong Kong. At the same time, numerous challenges in the realm of intellectual property have emerged alongside its growing fame. Later this afternoon, our distinguished speakers will take us through strategies for protecting the intellectual property rights of IP merchandise, the potential infringement risks and legal challenges related to IP commercialisation, and address how IP disputes can be tackled and resolved.
Robust IP protection regime
As Hong Kong is capitalising on IP as a new growth area, a robust and effective IP protection regime lays the foundation for fostering innovation, technological development and creativity. Indeed, such a regime builds up confidence and serves as a prerequisite for promoting IP trading in the highly competitive international landscape.
To fully leverage the advantage of support from the Central People's Government for Hong Kong to develop into a regional IP trading centre, the Government attaches great importance to the legal protection of IP rights, and has made every effort to ensure our IP legal framework remains up to date, aligns with current international standards, and meets the demands of Hong Kong's future economic development, especially those from creators and investors all over the world.
Recognising that industrial design, which seeks to protect the design of the appearance of an article, is one of the IP rights that is protected and registrable under the Paris Convention for the Protection of Industrial Property administered by the World Intellectual Property Organization (WIPO), the Government is currently conducting a comprehensive review of Hong Kong's registered designs regime under Registered Designs Ordinance (Cap. 522).
International and Mainland co-operation
Whilst the IP laws in Hong Kong are domestic and only offer territorial protection, Hong Kong continues to work closely with the international community in this respect. As of today, 10 main international IP conventions have been applied to Hong Kong, providing international and cross-border IP protection to IP creators. As a member of the World Trade Organization (WTO), our IP protection regime fully aligns with and strictly adheres to the international standards on the protection of IP rights set forth in the WTO's Agreement on Trade-Related Aspects of IP Rights.
Hong Kong has also established extensive co-operations with the Chinese Mainland in multiple areas of IP protection. For instance, the Commerce and Economic Development Bureau and the Qianhai Authority in Shenzhen jointly promulgated 16 Co-operation Measures for the Development of the Qianhai Shenzhen-Hong Kong Intellectual Property and Innovation Hub (Co-operation Measures) in 2023, which encompass a wide range of areas, including multidimensional co-operations in IP protection and IP trading.
These Co-operation Measures do not only serve to foster cross-boundary innovation and promote IP development on both sides, but also addresses in a timely manner the surging demand for IP trading in the areas of assignment and licensing of IP rights.
In this connection, the innovative capacity of the Guangdong-Hong Kong-Macao Greater Bay Area is well recognised by the international community. In the latest WIPO Global Innovation Index 2025, the Shenzhen-Hong Kong-Guangzhou cluster ranks first globally in the top 100 innovation clusters.
Dispute resolution
Moving onto dispute resolution, Hong Kong, as the international legal and dispute resolution services centre, is well-positioned to provide top-notch services in resolving IP disputes.
In respect of litigation, with the Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (Cap. 645) coming into effect last year, Hong Kong judgments on IP disputes are now generally recognised and enforceable in the Chinese Mainland. This represents a significant development as it goes beyond the international norms set out in the Hague Convention, which explicitly excludes all IP matters.
Turning to arbitration, arbitration is a prevalent option for resolving international IP disputes. Our dispute resolution professionals have substantial experience in resolving IP disputes. In this regard, our home-grown arbitral institution, the Hong Kong International Arbitration Centre, has maintained a Panel of Arbitrators for IP disputes. The Panel comprises members who have strong expertise and extensive experience in resolving IP disputes. As of November 2025, there are a total of 55 arbitrators for IP disputes on the panel.
The presence of these experienced IP arbitrators contributes to the attractiveness of Hong Kong as a seat for arbitration. According to the 2025 International Arbitration Survey conducted by Queen Mary University of London, Hong Kong ranks as the second most preferred seat for arbitration globally and the first in the Asia-Pacific region.
Hong Kong's arbitration regime is well suited to resolve IP disputes. In 2017, the Arbitration Ordinance (Cap. 609) was amended to clarify that disputes over IP rights can be resolved by arbitration and arbitral awards involving IP rights can be enforced in Hong Kong. Since the rapid development of innovation and technology around the world would inevitably give rise to IP disputes, these timely amendments have given Hong Kong a competitive edge over other jurisdictions in the region in resolving IP disputes. To ensure that the legislative framework for arbitration in Hong Kong stays at the forefront of international development, a Working Group on Arbitration Law Reform was recently established in late October 2025 to review and study further the needs to amend the Arbitration Ordinance.
In addition, the Interim Measures Arrangement (Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the HKSAR), which came into force in October 2019, has proven to be particularly useful in the context of cross-border IP disputes where urgent interim measures in the form of property and evidence preservation are usually called for. The arrangement allows parties to arbitral proceedings administered by designated arbitral institutions in Hong Kong to apply to court in the Chinese Mainland for interim measures. Hong Kong is currently the only common law jurisdiction with such an advantage, which again enhances Hong Kong's overall attractiveness as an arbitral seat.
Our panel speakers will discuss the benefits of resolving IP disputes through arbitration in further detail during the panel discussion session, and I am sure you will find the practical examples shared by the speakers insightful.
All in all, with the strong legal infrastructure and comprehensive policy initiatives in place to support IP trading and resolution of IP disputes, Hong Kong has the potential to strengthen its position as a premier hub for IP trading in the Asia-Pacific region and beyond in the years ahead.
On this note, I wish you all a very constructive session this afternoon. Thank you.
Speech by SJ at 15th Business of IP Asia Forum Concurrent Breakout Session Source: HKSAR Government Press Releases
HKSAR Government actively aligns with National 15th Five-Year Plan and presses ahead with high-quality development
The fourth session of the 14th National People's Congress today (March 12) approved the "Outline of the 15th Five-Year Plan for National Economic and Social Development of the People's Republic of China" (the 15th Five-Year Plan). A spokesman for the Hong Kong Special Administrative Region (HKSAR) Government expressed sincere gratitude to the Central Authorities for their support in consolidating and enhancing Hong Kong's competitive edge across various key areas, facilitating Hong Kong's better integration into and service of the overall national development.
The Chief Executive, Mr John Lee, said, "The 15th Five-Year Plan is the blueprint and action agenda for the social and economic development of the country in the next five years. The major objectives for this period include significant achievements in high-quality development, substantial improvements in scientific and technological self-reliance and strength, fresh breakthroughs in further deepening reform comprehensively, notable cultural and ethical progress across society, further improvements in quality of life, major new strides in advancing the Beautiful China Initiative and further advances in strengthening the national security shield. The HKSAR is greatly encouraged by this and will proactively align with the 15th Five-Year Plan Outline, contributing Hong Kong's strength to further deepening reform comprehensively and advancing Chinese modernisation.
"I extend my sincere gratitude for the country's steadfast support and care for Hong Kong as demonstrated by the inclusion of multiple provisions in the 15th Five-Year Plan to promote Hong Kong's long-term prosperity and stability, and to deepen the development of the Guangdong-Hong Kong-Macao Greater Bay Area. I will lead the HKSAR Government to earnestly fulfil its role in bearing the primary responsibility for the governance of Hong Kong, unite various sectors of the community to actively support and proactively align with the National 15th Five-Year Plan. Through formulating a systematic policy framework, we will map out strategic initiatives of greater comprehensiveness, higher precision and in finer detail for key development areas, and draw up a macroscopic, strategic and forward-looking five-year plan for the first time for Hong Kong. The preparatory groups set up earlier by various bureaux under my instruction have been converted into the formulation teams for the alignment with the 15th Five-Year Plan, which will work full speed to complete the Hong Kong five-year plan within this year.
"The first Hong Kong's Five-year Plan, aligned with the National 15th Five-Year Plan, will have far-reaching implications. Serving as the collective action framework for the HKSAR, it will outline Hong Kong's development vision, core objectives, key areas and major initiatives over the next five years. This plan will provide clear guidance for Hong Kong's socio-economic and livelihood development, driving Hong Kong's deeper integration into and contribution to the overall national development. The most direct benefit of the Hong Kong's Five-Year Plan stems from the robust backing of national development. As the world's second-largest economy, the country's comprehensive capabilities provide Hong Kong with immense market momentum and development opportunities. As the country has surged to global leadership in various fields including innovation and technology, artificial intelligence, big data, and infrastructural development, Hong Kong can leverage the country's industrial ecosystem and progress to achieve leapfrog development in our own emerging industries. For instance, in the financial sector, Hong Kong can build upon the country's strategy to promote the internationalisation of the Renminbi to strengthen our function as a global offshore Renminbi business hub, and to enhance the mutual market access regime and consolidate our status as an international financial centre. In the area of innovation and technology, Hong Kong can accelerate collaboration and transformation among the industry, academic and research sectors through the development of the Northern Metropolis. As regards industrial upgrading, Hong Kong can also integrate into national strategies, such as the 'Artificial Intelligence Plus (AI+) Initiative', to empower its traditional competitive industries, thereby strengthening its new productive forces amid the new round of scientific and technological revolution as well as industry transformation.
"To ensure the smooth progress of the formulation work, I will take the lead in this endeavour, with the Constitutional and Mainland Affairs Bureau assuming primary responsibility. All Secretaries of Bureaux shall fully commit to driving forward and jointly participating in this initiative. I am confident that with our concerted efforts and collective wisdom, the first Hong Kong's Five-year Plan will serve as a guiding framework for pioneering new horizons and achieving a new leap forward for Hong Kong. It will lay a more concrete foundation for our long-term prosperity and stability, enabling Hong Kong to demonstrate renewed commitment and achievements in the journey of integrating into and serving the overall national development."
The 15th Five-Year Plan explicitly points out that the principles of "one country, two systems", "Hong Kong people administering Hong Kong" and a high degree of autonomy should be implemented with unwavering commitment; the principle of "patriots administering Hong Kong" should be put into practice; and the efficacy of governance in accordance with the law should be ensured to promote Hong Kong's economic and social development, and give full play to Hong Kong's unique advantages and important role of maintaining close connections with both the Mainland and the world. The 15th Five-Year Plan supports Hong Kong in consolidating and enhancing its status as an international financial, shipping and trade centre and an international aviation hub. It aims to strengthen Hong Kong's functions as a global offshore Renminbi business hub, an international asset management centre, and an international risk management centre. The plan also supports Hong Kong in developing into an international innovation and technology hub, while deepening its development as an international legal and dispute resolution services centre, a regional intellectual property trading centre, and the East-meets-West centre for international cultural exchange. The 15th Five-Year Plan also further incorporates, for the first time, support for Hong Kong in establishing a commodity trading ecosystem and a high value-added supply chain service centre. It also explicitly backs Hong Kong in accelerating the development of the Northern Metropolis and building an international hub for high-calibre talents. A spokesman for the HKSAR Government said that the Government is deeply encouraged by the Central Government's staunch support. Hong Kong will definitely seize the opportunity to proactively align with the requirements of national strategies, effectively translating the new positioning, functions and tasks entrusted by the Central Government into tangible outcomes that will drive high-quality economic development and improve people's livelihoods. The Government is accelerating the advancement of the Northern Metropolis, a crucial strategic development zone for Hong Kong, through innovative collaborative models, including large-scale land disposal and preferential policies. Multiple measures will be implemented with a view to attracting more leading enterprises to establish their operations there, thereby transforming this piece of land which is connected to the Mainland by mountains and sea into a new engine for Hong Kong's economic growth.
The 15th Five-Year Plan stated that co-operation between Hong Kong and the Mainland in the areas of economic, trade, technology and culture should be strengthened; policies and measures facilitating Hong Kong residents' development and life on the Mainland should be improved; and the mutual market access regime between Hong Kong and Mainland financial markets should be advanced in an orderly manner. The 15th Five-Year Plan also clearly proposed for the first time to deepen innovation collaboration between industry, academic and research sectors with the Mainland; to drive breakthroughs continuously in priority areas of co-operation; to promote the co-ordinated development of ports, airports and rail transit; to advance the preparatory work for the Hong Kong-Shenzhen Western Rail Link; and to develop major co-operation platforms including the Loop to high standards. It also called for improving mechanisms for Hong Kong to assume a greater role in the country's opening up to the world, supporting Hong Kong's deep involvement in the high-quality co-operation under the Belt and Road Initiative, leveraging its strengths in professional service to assist enterprises in going global, and harnessing Hong Kong's role as an important window for exchange and mutual learning between the Chinese and Western cultures.
The Government spokesman said that Hong Kong enjoys the advantage of connecting the Mainland and the world under the "one country, two systems" principle. It will fully leverage its international and market-oriented characteristics to promote connectivity with the Mainland. The HKSAR Government has established the Task Force on Supporting Mainland Enterprises in Going Global to connect the robust productivity of the Mainland, Hong Kong's world-renowned professional services and the keen demand of global buyers. Hong Kong will facilitate the efforts of quality enterprises in going global and bringing in international capital, steadfastly advancing high-quality development of the economy. Regarding the development of the Guangdong-Hong Kong-Macao Greater Bay Area, the HKSAR Government will proactively engage with relevant platform initiatives, continuously deepen the harmonisation of rules and mechanisms with Greater Bay Area cities, and facilitate the convenient cross-boundary flow of innovation elements.
The fourth session of the 14th National People's Congress also adopted the National Development Planning Law, marking for the first time that a dedicated piece of legislation concerning national development planning has been enacted at the top level. This provides a robust legal foundation for formulating development plans. The Government spokesman said that the National Development Planning Law established principles for national support in Hong Kong's proactive alignment with national development planning. It clearly affirmed the country's upholding of the "one country, two systems" principle, supporting the HKSAR's proactive integration into and service of the overall national development. This fully reflected the staunch support of the Central Authorities for Hong Kong's alignment with national development planning, providing robust legal safeguards for Hong Kong to better integrate into and serve the overall national development. It will enable Hong Kong to better leverage its unique advantages under the principle of "one country, two systems" and achieve deep alignment with the overall development strategy of the country, thereby giving full play to Hong Kong's strengths to serve the country's needs and facilitating Hong Kong's enhanced integration into and service of the overall national development.
The Government spokesman concluded, "This year marks the beginning of the country's 15th Five-Year Plan and represents a critical year for Hong Kong as it advances from stability towards prosperity. With the robust support of the National 15th Five-Year Plan, we shall continue to consolidate and enhance our international competitiveness, deepen international exchanges and co-operation, strengthen our bridging role between the Mainland and the world, and pioneer a new phase of high-quality development for Hong Kong. This will enable us to better integrate into and serve the overall national development, thereby making Hong Kong's contributions to the nation's endeavours in building a great country and achieving national rejuvenation."
Source: AI-found images
