As of March 1, 2024, Hong Kong has introduced a new fee schedule for industrial design registration and maintenance, reflecting a substantial reduction in various costs.
This move is part of a broader initiative outlined in the Chief Executive’s Policy Address of 2023, aimed at enhancing the region’s attractiveness for intellectual property (IP) protection and fostering economic growth.
The new fee structure represents a significant reduction, particularly in the costs associated with filing and maintaining industrial design rights. This reduction is expected to encourage both local and international businesses to seek design protection in Hong Kong, thereby strengthening the region’s position as a key hub for innovation and IP protection.
Filing Fees for Individual Designs
One of the most notable changes is the reduction in the filing fees for individual designs. For a design that does not form part of a set of articles, the fee for paper-based applications has been cut by approximately 60%. Previously, applicants would have paid 785 HKD; however, under the new schedule, this fee has been reduced to 315 HKD. This significant decrease lowers the barrier to entry for businesses and individuals seeking to protect their designs in Hong Kong.
Similarly, the filing fee for a design that forms part of a set of articles has also been reduced by around 60%, dropping from 1,570 HKD to 630 HKD. This reduction makes it more affordable for businesses to protect designs that consist of multiple items, ensuring comprehensive protection at a lower cost.
Filing Fees for Multiple Designs
The new fee schedule also benefits those looking to file multiple designs in a single application. For two or more designs not forming a set of articles, the initial fee for the first design has been reduced from 785 HKD to 315 HKD, while the fee for each additional article related to any of the designs has decreased from 590 HKD to 235 HKD. This represents a considerable saving for applicants seeking protection for several designs at once.
For applications involving two or more designs that form a set of articles within the same class, the fee has similarly been reduced by approximately 60%, from 1,570 HKD to 630 HKD for the first design, and from 1,180 HKD to 470 HKD for each additional design. This reduction ensures that businesses can secure protection for complex design portfolios at a more accessible price point.
Publication and Reinstatement Fees
In addition to the reductions in filing fees, the cost associated with the publication of a design in the Official Journal has also been lowered. The fee has decreased from 155 HKD to 62 HKD, making it more affordable for applicants to publicize their design registrations, a necessary step in the registration process.
Moreover, the fee for reinstating an application has been reduced by approximately 20%, from 245 HKD to 195 HKD. This decrease provides a financial reprieve for applicants who may need to reinstate their applications after missing a deadline, further lowering the costs associated with securing industrial design protection.
Extension Fees for Design Validity
The fee reductions extend to the costs associated with maintaining industrial design rights over time. Hong Kong allows for industrial designs to be protected for up to 25 years, with renewals required every five years. The new fee schedule reduces the cost of these renewals, with the following changes:
- First Five-Year Extension: The fee has been reduced by approximately 40%, from 790 HKD to 475 HKD.
- Second Five-Year Extension: The fee has been reduced by about 30%, from 1,200 HKD to 835 HKD.
- Third Five-Year Extension: The fee has been reduced by roughly 20%, from 1,760 HKD to 1,410 HKD.
- Fourth Five-Year Extension: The fee has been reduced by around 10%, from 2,690 HKD to 2,420 HKD.
These reductions make it more affordable for businesses to maintain their design rights over the long term, ensuring continued protection for their innovations.
Implications for Businesses and the Economy
The reduction in fees is expected to have a positive impact on Hong Kong’s economy and the broader field of IP protection. By lowering the costs associated with registering and maintaining industrial designs, the government aims to incentivize businesses to seek protection for their innovations. This, in turn, is likely to increase the number of registered designs, fostering a more vibrant and competitive market.
For businesses, the new fee schedule provides an opportunity to secure their designs at a lower cost, reducing the financial burden of IP protection. This is particularly beneficial for small and medium-sized enterprises (SMEs), which may have previously been deterred by the high costs of design registration.
Moreover, by making design protection more accessible, Hong Kong is likely to attract more international businesses to register their designs in the region. This influx of registrations could boost the local economy and strengthen Hong Kong’s reputation as a global IP hub.
The new fee schedule for industrial designs in Hong Kong represents a significant reduction in costs, making it easier and more affordable for businesses to protect their designs. This move aligns with the government’s broader policy goals of enhancing the region’s IP infrastructure and fostering economic growth.
Businesses looking to register their designs in Hong Kong should take advantage of these reduced fees to secure protection for their innovations. By doing so, they can contribute to the region’s dynamic IP landscape and ensure that their designs are safeguarded in one of the world’s leading markets for intellectual property.
