Hong Kong Institute of Patent Attorneys
Encyclopedia
The Hong Kong Institute of Patent Attorneys (HKIPA) was formed immediately after the Chief Executive of Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...

 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. These six industries were also being written down in the 12th Five Years Plan of the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...

 as part of the National Strategy for Hong Kong.

Members of HKIPA mainly consists of intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...

 or patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....

 lawyers and foreign patent attorneys. HKIPA carries out the functions of training and certification for its members. Qualified members are being designated as "Registered Patent Attorneys (HK)" for lawyers, "Registerd Patent Agents (HK)" for non-lawyers and "Registered Patent Engineers" for engineers. The training and examination programme is being conducted in co-operation with the Faculty of Science, University of Warwick
University of Warwick
The University of Warwick is a public research university located in Coventry, United Kingdom...

, UK.

Since 2009, the HKIPA has been lobbying the Hong Kong SAR Government to reform the current patent system and the regulation of patent practitioners. The proposal was being discussed in the Legislative Council of Hong Kong SAR. On October 4, 2011, the Hong Kong SAR Government has published a Consultation Paper on the Review of the Patent System in Hong Kong.On 10 November 2011, the HKIPA has entered into a MOU with the Netherlands Institute of Patent Attorneys.

Objectives

1) To provide education, professional, vocational and technical training and development to the people in Hong Kong and Mainland China on subjects relating to intellectual properties and their dispute resolutions;

2) To enhance the professional standard of the patent practitioners in Hong Kong through education and certification programs such as the Registered Patent Attorneys (HK), Registered Patent Agents (HK) and Registered Patent Engineers ;

3) To conduct research and collect the views of the patent practitioners and the business sector on intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...

 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
Asia
Asia is the world's largest and most populous continent, located primarily in the eastern and northern hemispheres. It covers 8.7% of the Earth's total surface area and with approximately 3.879 billion people, it hosts 60% of the world's current human population...

;

6) To promote Hong Kong as an international financial centre for innovation and technology companies;

7) To support the setting up of a standard patent substantive examination system in Hong Kong;

8) To support the regulation of the patent practitioners in Hong Kong.

The Executive Council (2010-2012)

President: Dr. Lewis Luk
Lewis Luk
Lewis Luk Tei FKC , Hong Kong based businessman, son of the late Toy Industrialist Dr. Luk Chung Lam - Chairman of Harbour Ring International Holdings Limited and Hutchison Harbour Ring Limited...

, Solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...

, Industrial Engineer
Engineer
An engineer is a professional practitioner of engineering, concerned with applying scientific knowledge, mathematics and ingenuity to develop solutions for technical problems. Engineers design materials, structures, machines and systems while considering the limitations imposed by practicality,...

, Domain Name
Domain name
A domain name is an identification string that defines a realm of administrative autonomy, authority, or control in the Internet. Domain names are formed by the rules and procedures of the Domain Name System ....

 Panelist

Vice President: Benny Kong, Solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...



Vice President: Nelson Liu, Solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...

, Mediator
Mediator
Mediator may refer to:*A neutral party who assists in negotiations and conflict resolution, the process being known as mediation*Mediator variable in statistics*The Mediator pattern in computer science...



Secretary: Alex Ho, Solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...

, Mediator
Mediator
Mediator may refer to:*A neutral party who assists in negotiations and conflict resolution, the process being known as mediation*Mediator variable in statistics*The Mediator pattern in computer science...



Treasurer: PY Chu, LLM, ex Senior IP Consultant, Hong Kong Productivity Council
Hong Kong Productivity Council
Hong Kong Productivity Council is a multi-disciplinary organization with the headquarters located at Kowloon Tong. HKPC was established in 1967 according to the "Hong Kong Productivity Council Ordinance" which aims at promoting and assisting Hong Kong business sectors through the introduction of...



Council Member: Alice Kwan, LLM, ex Senior IP Examiner of IP Department of Hong Kong

Council Member: Derek Lau, Solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...

, Mechanical Engineer

Council Member: Edmond Yeung, Solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...



Council Member: Hans Lee, LLM, Solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...

, UK Chartered Patent Attorney

Council Member: Liz Yip, LLM, PRC Patent Attorney
Patent attorney
A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing an opposition...



Council Member: Simon Tang, Solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...

, Mediator
Mediator
Mediator may refer to:*A neutral party who assists in negotiations and conflict resolution, the process being known as mediation*Mediator variable in statistics*The Mediator pattern in computer science...



Council Member: Tang Shiu Wah, Solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...

, Member, Institution of Engineering and Technology
Institution of Engineering and Technology
The Institution of Engineering and Technology is a British professional body for those working in engineering and technology in the United Kingdom and worldwide. It was formed in 2006 from two separate institutions: the Institution of Electrical Engineers , dating back to 1871, and the...

, UK

Council Member: Dr. Toby Mak, PhD
PHD
PHD may refer to:*Ph.D., a doctorate of philosophy*Ph.D. , a 1980s British group*PHD finger, a protein sequence*PHD Mountain Software, an outdoor clothing and equipment company*PhD Docbook renderer, an XML renderer...

, PRC Patent Attorney
Patent attorney
A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing an opposition...


Training and Examination Programme

The training and examination programme of HKIPA consists of ten papers:

Level 1: Certificate in IP Law and Practice (“CIPL”)

Module 1: International Patent Law and Trade Secrets;

Module 2: Patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....

, Design
Design
Design as a noun informally refers to a plan or convention for the construction of an object or a system while “to design” refers to making this plan...

 and Copyright Law;

Module 3: International Trade Mark Law; and

Module 4: Trade Mark Law and Passing Off
Passing off
Passing off is a common law tort which can be used to enforce unregistered trademark rights. The tort of passing off protects the goodwill of a trader from a misrepresentation that causes damage to goodwill....

.

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: Advanced Diploma in International Technology Management (“ADITM”) or Postgraduate Certificate in International Technology Management ("PGC")

Modules 5, 6 and 7 of PGA plus

Module 8: Patent Practice;

Module 9: Patent Amendment and Official Actions; and

Module 10: Patent Infringement, Validity and Opposition.
Master of Science
Master of Science
A Master of Science is a postgraduate academic master's degree awarded by universities in many countries. The degree is typically studied for in the sciences including the social sciences.-Brazil, Argentina and Uruguay:...

 from University of Warwick
University of Warwick
The University of Warwick is a public research university located in Coventry, United Kingdom...

, UK


- PGA + 6 modules + project; or

- PGC + 3 modules + project.

Membership scheme

a) Student Members (non-voting)

- Students of universities, community colleges, institutes of vocational education (IVE) and other institutions of higher education

b) Associate Members (non-voting)

- Holders of either Group A (Law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

) or Group B (Engineering
Engineering
Engineering is the discipline, art, skill and profession of acquiring and applying scientific, mathematical, economic, social, and practical knowledge, in order to design and build structures, machines, devices, systems, materials and processes that safely realize improvements to the lives of...

/ Science
Science
Science is a systematic enterprise that builds and organizes knowledge in the form of testable explanations and predictions about the universe...

/ Technology) qualifications; or

- Registered Patent Engineers - Engineers or Scientists (as defined in Group B below) + PGA

Group A (Law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

) qualifications


- Hong Kong Solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...

; or

- Hong Kong Barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...

; or

- Foreign Lawyer; or

- LLB; or

- Juris Doctor
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...

; or

- PCLL; or

- LLM in IP Law; or

- LLM with substantial contents in IP Law; or

- JSD
JSD
JSD is a three-letter abbreviation with multiple meanings, as described below:* Jensen-Shannon divergence* Jackson System Development* Doctor of Juridical Science* Joint Service Designation, For defence* Joint science department* Joint standard deviation...

/ PhD
PHD
PHD may refer to:*Ph.D., a doctorate of philosophy*Ph.D. , a 1980s British group*PHD finger, a protein sequence*PHD Mountain Software, an outdoor clothing and equipment company*PhD Docbook renderer, an XML renderer...

 in IP Law; or

- Such other qualifications comparable with the above as approved by the Executive Council of HKIPA.

Group B (Engineering
Engineering
Engineering is the discipline, art, skill and profession of acquiring and applying scientific, mathematical, economic, social, and practical knowledge, in order to design and build structures, machines, devices, systems, materials and processes that safely realize improvements to the lives of...

/ Science
Science
Science is a systematic enterprise that builds and organizes knowledge in the form of testable explanations and predictions about the universe...

/ Technology) qualifications


- Full Member, Hong Kong Institution of Engineers; or

- Senior Member, Institute of Industrial Engineers
Institute of Industrial Engineers
The Institute of Industrial Engineers is a professional society dedicated solely to the support of the industrial engineering profession and individuals involved with improving quality and productivity...

 (Hong Kong); or

- Full Member, Institution of Engineering and Technology
Institution of Engineering and Technology
The Institution of Engineering and Technology is a British professional body for those working in engineering and technology in the United Kingdom and worldwide. It was formed in 2006 from two separate institutions: the Institution of Electrical Engineers , dating back to 1871, and the...

, UK; or

- Master of Science
Master of Science
A Master of Science is a postgraduate academic master's degree awarded by universities in many countries. The degree is typically studied for in the sciences including the social sciences.-Brazil, Argentina and Uruguay:...

 or Engineering
Engineering
Engineering is the discipline, art, skill and profession of acquiring and applying scientific, mathematical, economic, social, and practical knowledge, in order to design and build structures, machines, devices, systems, materials and processes that safely realize improvements to the lives of...

; or

- Doctor of Engineering
Doctor of Engineering
The Doctor of Engineering is an academic degree awarded on the basis of advanced study and research in engineering or applied sciences...

 / Doctor of Philosophy
Doctor of Philosophy
Doctor of Philosophy, abbreviated as Ph.D., PhD, D.Phil., or DPhil , in English-speaking countries, is a postgraduate academic degree awarded by universities...

 in Engineering
Engineering
Engineering is the discipline, art, skill and profession of acquiring and applying scientific, mathematical, economic, social, and practical knowledge, in order to design and build structures, machines, devices, systems, materials and processes that safely realize improvements to the lives of...

 or Science
Science
Science is a systematic enterprise that builds and organizes knowledge in the form of testable explanations and predictions about the universe...

 or Technology; or

- Such other qualifications comparable with the above as approved by the Executive Council of HKIPA.

c) Full Member (voting member)

1) Founding Members

- Senior Intellectual Property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...

 Solicitors; or

- Senior Intellectual Property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...

 Barristers; or

- Senior Foreign Patent Attorneys as recognized by the Executive Council; or

- Senior Intellectual Property Examiners in the Intellectual Property Department of Hong Kong; or

- Senior Intellectual Property Consultants of the Hong Kong Productivity Council
Hong Kong Productivity Council
Hong Kong Productivity Council is a multi-disciplinary organization with the headquarters located at Kowloon Tong. HKPC was established in 1967 according to the "Hong Kong Productivity Council Ordinance" which aims at promoting and assisting Hong Kong business sectors through the introduction of...

; or

- Professors or Associate Professors in IP Law.

Note:

a) All Founding Members must be admitted on or before a certain date as designated by the Executive Council of HKIPA;

b) Founding Members cannot describe themselves as Registered Patent Attorneys (HK) or Registered Patent Agents (HK) until they have completed the education and training programs and satisfied the other requirements as set out below.

2) Registered Foreign Patent Attorneys (HK)

“Registered Foreign Patent Attorneys (HK)” means PRC Patent Attorneys, US Patent Attorneys, UK Chartered Patent Attorneys, European Patent Attorneys or such other foreign patent attorneys with comparable qualifications as recognized by the Executive Council of the HKIPA. All Registered Foreign Patent Attorneys (HK) under the HKIPA are required to describe their qualifications with a clear reference to their home jurisdictions.

3) Registered Patent Attorneys (HK)

a) Hong Kong Solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...

 + ADITM / PGC or Master of Science
Master of Science
A Master of Science is a postgraduate academic master's degree awarded by universities in many countries. The degree is typically studied for in the sciences including the social sciences.-Brazil, Argentina and Uruguay:...

 or Engineering
Engineering
Engineering is the discipline, art, skill and profession of acquiring and applying scientific, mathematical, economic, social, and practical knowledge, in order to design and build structures, machines, devices, systems, materials and processes that safely realize improvements to the lives of...

 or (PGA for Founding Members)

b) Hong Kong Barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...

 + ADITM / PGC or Master of Science
Master of Science
A Master of Science is a postgraduate academic master's degree awarded by universities in many countries. The degree is typically studied for in the sciences including the social sciences.-Brazil, Argentina and Uruguay:...

 or Engineering
Engineering
Engineering is the discipline, art, skill and profession of acquiring and applying scientific, mathematical, economic, social, and practical knowledge, in order to design and build structures, machines, devices, systems, materials and processes that safely realize improvements to the lives of...

 or (PGA for Founding Members)

4) Registered Patent Agents (HK)

a) Registered Foreign Patent Attorneys (HK) as recognized by the Executive Council of the HKIPA + Certificate in IP Law and Practice or Diploma in IP Law for Founding Members

The HKIPA Certificate in IP Law and Practice (“CIPL”) has two options:

i) Common Law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

;

ii) Chinese Law
Chinese law
Chinese law is one of the oldest legal traditions in the world. In the 20th and 21st century, law in China has been a complex mix of traditional Chinese approaches and Western influences....

 (for National Exam of PRC Patent Attorneys).

b) Holder of Group A qualification + (ADITM / PGC) or (Master of Science or Engineering) or (PGA for Founding Member); or

c) Holder of Group B qualification + (CIPL + ADITM / PGC) or (CIPL + PGA for Founding Member); or

d) Registered Patent Engineer
Patent engineer
A patent engineer or patent scientist is a patent professional that is typically involved in preparing and prosecuting patent applications. The terms are usually applied to patent professionals with scientific or engineering backgrounds that do not require either attorney or patent agent...

 + CIPL + ADITM / PGC.

5) Fellows

a) Registered Patent Attorneys (HK) + Master of Science
Master of Science
A Master of Science is a postgraduate academic master's degree awarded by universities in many countries. The degree is typically studied for in the sciences including the social sciences.-Brazil, Argentina and Uruguay:...

 by Faculty of Science, University of Warwick
University of Warwick
The University of Warwick is a public research university located in Coventry, United Kingdom...

, UK

b) Registered Patent Agents (HK) with Group A qualification + Master of Science
Master of Science
A Master of Science is a postgraduate academic master's degree awarded by universities in many countries. The degree is typically studied for in the sciences including the social sciences.-Brazil, Argentina and Uruguay:...

 by Faculty of Science, University of Warwick
University of Warwick
The University of Warwick is a public research university located in Coventry, United Kingdom...

, UK

c) Registered Patent Agents (HK) with Group B qualification + LLM in IP Law as approved by the Executive Council of HKIPA;

PLUS five years post-qualifying experience as Registered Patent Attorneys (HK) or Registered Patent Agents (HK).

6) Honorary Members (with no voting rights)

- Honorary Life Presidents

- Honorary Presidents

- Honorary Members

- Advisors to Committees

- Honorary Advisors

- Honorary Fellows

Other requirements for certification

Board Assessment

All Registered Patent Attorneys (HK) or Registered Patent Agents (HK) must pass a Board Assessment in front of a panel of three Registered Patent Attorneys (HK) or Registered Patent Agents (HK) or Executive Council Members of HKIPA.

Practical Training

All Registered Patent Attorneys (HK) or Registered Patent Agents (HK) must complete a 12 months practical training under the supervision of a Registered Patent Attorney (HK) or Registered Patent Agent (HK) or Executive Council Member of HKIPA.

For senior patent practitioners, the training period can be substituted by a 12 months mentorship program as prescribed by the Executive Council Member of HKIPA.

Code of Professional Conduct

All Registered Patent Attorneys (HK) or Registered Patent Agents (HK), Registered Foreign Patent Attorneys (HK) 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.

They are also required to complete a Continuous Professional Development (“CPD”) course on Code of Professional Conduct within the first 12 months of their first certification. 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 certification.

Continuous Professional Development

All Registered Patent Attorneys (HK) or Registered Patent Agents (HK), Registered Foreign Patent Attorneys (HK) 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.
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