Hong Kong Institute of Patent Attorneys
| Type | Professional Organization |
|---|---|
| Established | 2009 |
| President | Dr. Lewis Luk |
| Location |
The Hong Kong Institute of Patent Attorneys (HKIPA) (Chinese: 香港專利師協會) was formed immediately after the Chief Executive of Hong Kong SAR has announced the six advantageous industries in his Policy Address 2009-2010, namely Innovation and Technology, Testing and Certification, Creative and Cultural Industries, Environmental Industries, Medical Services and Education Services.
Members of HKIPA mainly consists of intellectual property or patent lawyers and foreign patent attorneys. HKIPA carries out the functions of education and training for its members. The training and examination programmes are being conducted in co-operation with the Faculty of Science, University of Warwick, UK, the Vocational Training Council, Hong Kong and the Hong Kong Productivity Council.
In 2014, the ACPAA Hong Kong Members Association (ACPAA HKMA) (Chinese: 香港中國專利师協會（香港中国专利代理人协会）) was formed as a branch of HKIPA and registered under certificate No. 51345473 - 002.[1]
Since 2009, the HKIPA has been lobbying the Hong Kong SAR Government to reform the current patent system and the regulation of patent practitioners.[2] The proposal was being discussed in the Legislative Council of Hong Kong SAR.[3] On October 4, 2011, the Hong Kong SAR Government has published a Consultation Paper on the Review of the Patent System in Hong Kong.[4] On 10 November 2011, the HKIPA has entered into a MOU with the Netherlands Institute of Patent Attorneys.[5] On 7 February 2013, the Government of Hong Kong SAR has published a Report of the Advisory Committee on Review of the Patent System in Hong Kong. Some of the key recommendations includes an "Original Grant" patent system should be established in Hong Kong with substantive examination outsourced to other patent offices and a full-fledged regulatory regime on patent agency services (which involves regulating both the provision of services and the use of professional titles) should be set as the ultimate goal in the long run, which has to be achieved in stages, with possible interim measures.
Objectives[6][edit]
1) To provide education, professional, vocational and technical training and development to the people in Hong Kong on subjects relating to intellectual properties and dispute resolutions;
2) To enhance the professional standard of the patent practitioners in Hong Kong through education programmes ;
3) To conduct research and collect the views of the patent practitioners and the business sector on intellectual property related matters;
4) To advise the government on the public policies and legislations which affect the development of intellectual properties in Hong Kong;
5) To promote Hong Kong as an innovation and technology hub in Asia;
6) To promote Hong Kong as an international financial centre for innovation and technology companies;
7) To support the setting up of an original grant patent system in Hong Kong;
8) To support the regulation of the patent practitioners in Hong Kong.
The Executive Council (2014-2016)[7][edit]
President: Dr. Lewis Luk, JP, Solicitor, Industrial Engineer, Domain Name Panelist
Vice President: Benny Kong, Solicitor
Vice President: Dr. Kam Wah Law, JD, PhD, Solicitor, US Patent Attorney
Vice President: Simon Tang, Solicitor, General Mediator
Secretary General: Carol Li, MSc, Licensed Chinese Patent Attorney & Patent Litigator
Council Member: Ping Yuen Chu, BSc, LLM
Council Member: Charles Ho, MS, JD, US Patent Attorney, Qualified Chinese Patent Attorney
Council Member: Alice Kwan, LLM, ex Senior IP Examiner of IP Department of Hong Kong
Council Member: Lam Sum, BSc, Juris Master, Licensed Chinese Patent Attorney & Patent Litigator; First Hong Kong-educated Chinese Patent Attorney (2004); Qualified Chinese Lawyer
Council Member: Nigel Lee, MSc, LLM, Chinese Patent Attorney, UK Chartered Patent Attorney
Council Member: Nelson Liu, LLM, Solicitor, General Mediator
Council Member: Dr. Toby Mak, PhD, Licensed Chinese Patent Attorney
Council Member: David Tsai, Solicitor
Council Member: Duncan Tse, Solicitor, Microsoft Certified Professional
Council Member: Edmond Yeung, Solicitor
Council Member: Liz Yip, LLM, Licensed Chinese Patent Attorney
Training and Examination Programme[edit]
The training and examination programme of HKIPA consists of 11 papers:[8]
Level 1: Certificate in IP Law and Practice (“CIPL”)
Module 1: International Patent Law and Practice;
Module 2: Hong Kong Patent Law and Practice;
Module 3: Hong Kong Design and Copyright Law; and
Module 4: Hong Kong and PRC Trade Mark Law and Practice.
Level 2: Postgraduate Award in International Technology Management (“PGA”)
Module 5: International Patent Fundamentals;
Module 6: Fundamentals of Patent Drafting; and
Module 7: Product Design and Development Management.
Level 3: Professional Diploma in Patent Practice ("PDP")
Module 8: Patent Filing and Preliminary Examination;
Module 9: Patentability and Substantive Examination;
Module 10: Analysis of Patent Infringement and Validity;
Module 11: Chinese Law and Practice
Membership scheme[edit]
1) Student Members (non-voting)
- Students of universities, community colleges, institutes of vocational education (IVE) and other institutions of higher education
2) Associate Members (non-voting)
- Holders of either Group A (Law) or Group B (Engineering/ Science/ Technology) qualifications; or
- Certified Patent Engineers - Engineers or Scientists (as defined in Group B below) + PGA
Group A (Law) qualifications
- Hong Kong Solicitor; or
- Hong Kong Barrister; or
- Foreign Lawyer; or
- LLB; or
- Juris Doctor; or
- PCLL; or
- LLM in IP Law; or
- LLM with substantial contents in IP Law; or
- Such other qualifications comparable with the above as approved by the Executive Council of HKIPA.
Group B (Engineering/ Science/ Technology) qualifications
- Full Member, Hong Kong Institution of Engineers; or
- Senior Member, Institute of Industrial Engineers (Hong Kong); or
- Full Member, Institution of Engineering and Technology, UK; or
- Master of Science or Engineering; or
- Doctor of Engineering / Doctor of Philosophy in Engineering or Science or Technology; or
- Such other qualifications comparable with the above as approved by the Executive Council of HKIPA.
3) Full Member (voting member)
- Senior Intellectual Property Solicitors; or
- Senior Intellectual Property Barristers; or
- Senior Foreign Patent Attorneys as recognized by the Executive Council
Note:
“Foreign Patent Attorneys” means Chinese Patent Attorneys, US Patent Attorneys, UK Chartered Patent Attorneys, European Patent Attorneys, Australian Patent Attorneys or such other foreign patent attorneys with comparable qualifications as recognized by the Executive Council of the HKIPA. All Foreign Patent Attorneys under the HKIPA are required to describe their qualifications with a clear reference to their home jurisdictions.
4) Fellow
a) Full Member with Group A qualification + Master of Science by Faculty of Science, University of Warwick, UK or such other Master degree as approved by the Executive Council of HKIPA;
b) Full Member with Group B qualification + LLM in IP Law or such other Master degree programmes as approved by the Executive Council of HKIPA;
PLUS five years post-admission experience as a Full Member.
5) Honorary Member (with no voting rights)
- Honorary Life Presidents
- Honorary Presidents
- Honorary Members
- Advisors to Committees
- Honorary Advisors
- Honorary Fellows
Other requirements for admission as a Full Member[edit]
Board Assessment
Full Members have to pass a Board Assessment in front of a panel of three Foreign Patent Attorneys or Executive Council Members of HKIPA.
Practical Training
Full Members have to complete a 12 months practical training under the supervision of a Foreign Patent Attorney or Executive Council Member of HKIPA.
For senior patent practitioners, the training period can be substituted by a 12 months mentorship programme as prescribed by the Executive Council Member of HKIPA.
Code of Professional Conduct
All Full Members and Foreign Patent Attorneys are required to comply with the Code of Professional Conduct of HKIPA as set by the Executive Council of the HKIPA. The current version of the Code of Professional Conduct is based on the European Patent Attorneys model.
Full Members and Foreign Patent Attorneys are required to complete a Continuous Professional Development (“CPD”) course on Code of Professional Conduct within the first 12 months of their admission to Membership. They can however choose to complete the Code of Professional Conduct course before or during their 12 months practical training or mentorship period and the CPD points can be carried forward to their first year of admission.
Continuous Professional Development
All Full Members and Foreign Patent Attorneys are required to complete a minimum of 15 CPD hours each year (from 1 November to 31 October) on Patents, Intellectual Properties, Technology, Law, Code of Professional Conduct, Risk Management Education and other related courses as approved by the Executive Council.
Branch of HKIPA - ACPAA HKMA (Hong Kong Chinese Patent Attorneys Association)[edit]
| Type | Professional Organization |
|---|---|
| Established | 2014 |
| President | Lam Sum [9] |
| Location |
The Patent Attorneys actually practicing in Hong Kong are mostly Chinese Patent Attorneys, because most (over 65%[10]) Hong Kong patents are obtained by extension from Chinese patents.
In lobbying Hong Kong Government for Hong Kong Patent Reform, key activists are Chinese Patent Attorneys residing in Hong Kong which co-organize patent courses [11] and seminars,[12] and attend government level meetings.[13][14][15]
Thus, in 2014, the ACPAA Hong Kong Members Association (ACPAA HKMA) (Chinese: 香港中國專利师協會（香港中国专利代理人协会）) was formed in form of a branch of HKIPA, and registered under Hong Kong Government [16] with Certificate No. 51345473 - 002.
Its Managing Committee is consisted of:
Honorary Chairman: Dr. Lewis Luk, JP, Solicitor, Industrial Engineer, Domain Name Panelist
Helen Jiang (Jiang Hua), Esq.,Licensed PRC Patent Attorney & Patent Litigator; Qualified Chinese Lawyer
Rotating Chairman: Lam Sum, Esq.,BSc, Juris Master, Licensed PRC Patent Attorney & Patent Litigator;First Hong Kong-educated Chinese Patent Attorney (2004);Qualified Chinese Lawyer
Director of Council: Nigel N L Lee, Esq.,MSc, LLM, PRC Patent Attorney, UK Chartered Patent Attorney
Standing Vice Chairman: Liz Yip, Esq.,LLM, PRC Patent Attorney, IP Head of Federation of Hong Kong Industries
Secretary General (and Vice Chairman): Carol Li, Esq.,MSc, Licensed PRC Patent Attorney & Patent Litigator
See also[edit]
References[edit]
- ↑ http://www.gov.hk/tc/residents/taxes/etax/services/brn_enquiry.htm
- ↑ "Regina Ip, Member of the Legislative Council - Reform of Intellectual Property Rights protection in Hong Kong". Reginaip.hk. 2011-02-28. Retrieved 2011-10-23.
- ↑ "Panel on Commerce and Industry (Agenda) 15 March 2011". Legco.gov.hk. Retrieved 2011-10-23.
- ↑ "香港特別行政區政府知識產權署 Intellectual Property Department". Ipd.gov.hk. Retrieved 2011-10-23.
- ↑ http://www.hkipa.org.hk
- ↑ "HKIPA". HKIPA. Retrieved 2011-10-23.
- ↑ "HKIPA". HKIPA. Retrieved 2011-10-23.
- ↑ "HKIPA". HKIPA. Retrieved 2011-10-23.
- ↑ http://hkipa.org.hk/index.php?route=information/about/info&news_id=92
- ↑ http://www.cedb.gov.hk/citb/doc/tc/consultation_paper_tc.pdf
- ↑ http://www.ipd.gov.hk/chi/promotion_edu/20150818/FHKI_Flyer.pdf
- ↑ http://hkipa.org.hk/index.php?route=information/news
- ↑ http://big5.sipo.gov.cn:8081/dtxx/gn/2015/201507/t20150729_1151839.html
- ↑ http://www.gdipo.gov.cn/shared/news_content.aspx?news_id=11544
- ↑ http://hkipa.org.hk/index.php?route=information/news/info&news_id=110
- ↑ http://www.gov.hk/tc/residents/taxes/etax/services/brn_enquiry.htm
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