 
  WORLD TRADE  
ORGANIZATION  IP/N/1/HKG/10 
19 July 2004 
 
 (04-3094) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
  
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
HONG KONG, CHINA 
 
 
 The following communication, dated 26 May 2004, is being circulated at the request of the 
Delegation of Hong Kong, China. 
_______________ 
 
 
 In accordance with Article 63.2 of the TRIPS Agreement, Hong Kong, China wishes to notify 
the Council for Trade-Related Aspects of Intellect ual Property Rights of recent amendments to 
Hong Kong, China’s laws and regulations relating to the TRIPS Agreement previously advised under 
document IP/N/1/HKG/2.   Four explanatory notes are attached.   
 
 Copies of the Intellectual Property (Miscellaneous Amendments) Ordinance 2001, the Patents 
(General) (Amendment) Rules 2004, the Registered  Designs (Amendment) Rules 2004 and the Trade 
Marks (Amendment) Rules 2004 are enclosed. IP/N/1/HKG/10 
Page 2  
 
 NOTIFICATION TO THE TRIPS COUNCIL BY HONG KONG, CHINA 
OF AMENDING LEGISLATION TO MAIN DEDICATED INTELLECTUAL 
PROPERTY  LAWS AND REGULATIONS NOTIFIED 
AND LISTED IN ANNEX I OF IP/N/1/HKG/2 
 
 
BACKGROUND INFORMATION 
 
Name of legislation 
 
 The Intellectual Property (Miscellaneous Amendm ents) Ordinance 2001 (Ord. No.2 of 2001) 
("the IP Miscellaneous Amendments Ordinance")  
 Type of legislation 
  Amendment of the Patents Ordinance (Cap.514)
1 
 Amendment of the Patents (Designation of Patent Offices) Notice (Cap.514 sub. leg.)1 
 Amendment of the Patents (Gen eral) Rules (Cap.514 sub. leg.)1 
 Amendment of the Registered Designs Ordinance (Cap.522)1 
 Amendment of the Registered Designs Rules (Cap.522 sub. leg.)1 
 
Date of entry into force 
 
 Sections 1, 2(a), (b) and (c), 3 to 11, 13, 15 to 18, 21 to 24 and 28 of the IP Miscellaneous 
Amendments Ordinance came into force on 1 June 2002, and notification by Hong Kong, 
China in respect thereof was made  under document IP/N/1/HKG/6. 
 
 Sections 2(d), 12, 14, 19 (except in so far as it relates to section 93(2) of the Patents (General) 
Rules (Cap.514 sub. leg.)), 20, 25, 26, 27 (except in so far as it relates to sections 37(2)(b) and 
60(3) of the Registered Designs Rules (Cap .522 sub. leg.)) of the IP Miscellaneous 
Amendments Ordinance came into force on 7 May 2004. 
 
Purpose of legislation   The purpose of the IP Miscellaneous Amendments Ordinance is: 
 
 - to provide a legal basis for using electronic means of publishing notifications and 
advertisements for patents and designs; 
 
 - to enhance and clarify provisions related to right of priority in patent and design 
applications; 
  - to simplify patent application procedures;  
 - to enhance the procedure for amending the schedule of Paris Convention countries 
and World Trade Organisation members under the Patents Ordinance; 
 
 - to align the wording in the Patents Ordina nce with that in the relevant international 
agreement; and 
                                                     
 
1 See document IP/N/1/HKG/D/1/Add.3 - IP/N/1/HKG/D/2/Add.2 - IP/N/1/HKG/P/1/Add.4 - 
IP/N/1/HKG/P/3/Add.3 - IP/N/1/HKG/P/4/Add.2.  IP/N/1/HKG/10 
 Page 3 
 
 
  - to tie up some loose ends in the Patents Ordinance and Registered Designs 
Ordinance. 
 Contact for enquiries 
 
 Ms. Ada Leung 
 Assistant Director 
 Intellectual Property Department 
 Government of Hong Kong, China 
 Tel: (852) 2961 6823 
 Fax: (852) 2838 6276 
 E-mail: ada.leung@ipd.gov.hk IP/N/1/HKG/10 
Page 4  
 
 NOTIFICATION TO THE TRIPS COUNCIL BY HONG KONG, CHINA 
OF AMENDING LEGISLATION TO MAIN DEDICATED INTELLECTUAL 
PROPERTY  LAWS AND REGULATIONS NOTIFIED 
AND LISTED IN ANNEX I OF IP/N/1/HKG/2 
 
 
BACKGROUND INFORMATION 
 
Name of legislation 
 
 Patents (General) (Amendment) Rules 2004 (L.N. 37 of 2004)
2 
 
Type of legislation 
 
 Amendment of Patents (General)  Rules (Cap.514 sub. leg.) 
 
Date of entry into force 
  7 May 2004 
 Purpose of legislation 
 
 - To facilitate the electronic filing and processing of patent applications 
 
 - To streamline the procedur es in the Patents Registry 
 
 - To reduce the fees payable on the filing of documents with the registry 
 
 - To require an agent to notify the Registrar of Patents of the address in Hong Kong 
where he resides or carries on his business activities 
 
Contact for enquiries 
 
 Ms. Ada Leung 
 Assistant Director 
 Intellectual Property Department  Government of Hong Kong, China 
 Tel: (852) 2961 6823 
 Fax: (852) 2838 6276 
 E-mail: ada.leung@ipd.gov.hk 
                                                     
 
2 See document IP/N/1/HKG/P/3/Add.4.  IP/N/1/HKG/10 
 Page 5 
 
 
 NOTIFICATION TO THE TRIPS COUNCIL BY HONG KONG, CHINA 
OF AMENDING LEGISLATION TO MAIN DEDICATED INTELLECTUAL 
PROPERTY  LAWS AND REGULATIONS NOTIFIED 
AND LISTED IN ANNEX I OF IP/N/1/HKG/2 
 
 
BACKGROUND INFORMATION 
 
Name of legislation 
 
 Registered Designs (Amendment) Rules 2004 (L.N. 38 of 2004)3 
 
Type of legislation 
 
 Amendment of Registered Designs Rules (Cap.522 sub. leg.) 
 
Date of entry into force 
  7 May 2004 
 Purpose of legislation 
 
 - To facilitate the electronic filing and proces sing of applications for registered designs 
 
 - To streamline the procedur es in the Designs Registry 
 
 - To reduce the fees payable on the filing of documents with the registry 
 
 - To require an agent to notify the Registra r of Designs of the address in Hong Kong 
where he resides or carries on his business activities 
 
Contact for enquiries 
 
 Ms. Ada Leung 
 Assistant Director 
 Intellectual Property Department  Government of Hong Kong, China 
 Tel: (852) 2961 6823 
 Fax: (852) 2838 6276 
 E-mail: ada.leung@ipd.gov.hk 
                                                     
 
3 See document IP/N/1/HKG/D/2/Add.3. IP/N/1/HKG/10 
Page 6  
 
 NOTIFICATION TO THE TRIPS COUNCIL BY HONG KONG, CHINA 
OF AMENDING LEGISLATION TO MAIN DEDICATED INTELLECTUAL 
PROPERTY  LAWS AND REGULATIONS NOTIFIED 
AND LISTED IN ANNEX I OF IP/N/1/HKG/2 
 
 
BACKGROUND INFORMATION 
 
Name of legislation 
 
 Trade Marks (Amendment) Rules 2004 (L.N. 39 of 2004)
4 
 
Type of legislation 
 
 Amendment of Trade Marks Rules (Cap.559 sub. leg.) 
 
Date of entry into force 
  7 May 2004 
 Purpose of legislation 
 
 - To require an agent to notify the Regist rar of Trade Marks of the address in Hong 
Kong where he resides or ca rries on his business activities. 
 
 - To make a technical amendment to the Trade Marks Rules 
 
Contact for enquiries 
 
 Ms. Ada Leung 
 Assistant Director 
 Intellectual Property Department 
 Government of Hong Kong, China 
 Tel: (852) 2961 6823 
 Fax: (852) 2838 6276 
 E-mail: ada.leung@ipd.gov.hk  
__________ 
 
                                                     
 
4 See document IP/N/1/HKG/T/1/Add.1. 