Similar to IP rights, an IP-related order made by a court is jurisdictional and can only be enforced in the jurisdiction where it is made. There are circumstances where IP-related orders made by the courts in the Hong Kong SAR may have to be enforced outside Hong Kong or vice versa, for example, the IP agreement was entered into Hong Kong but the infringement occurs outside Hong Kong.
Enforcement of foreign judgments
A foreign judgment concerning civil and commercial matters, if it satisfies certain conditions, may be enforced in the Hong Kong SAR under the Foreign Judgments (Reciprocal Enforcement) Ordinance, Chapter 319 or at common law.For more information, please visit here.
Reciprocal enforcement of civil judgments with the courts in the Mainland
In 2006, the Hong Kong SAR and the Mainland entered into an arrangement for the mutual recognition of certain civil judgments which may include IP-related judgments.For more information, please visit here.
Arbitral awards may be enforced according to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) .
The New York Convention, which applies to the Hong Kong SAR, provides for mutual recognition and enforcement of the awards made in arbitration proceedings conducted in the contracting states. In 2015, more than 150 countries including most of the economically developed countries are contracting parties to the Convention.
Therefore, an arbitral award made in the Hong Kong SAR can be recognised by the courts in other contracting states, and after registration in their courts, it can be enforced by the court of those countries.
The list of countries that are contracting state parties to the New York Convention can be found here.
Examples of the state parties include: Australia, Canada, France, Germany, India, Indonesia, Italy, Japan, the Philippines, Republic of Korea, Russian Federation, Singapore, Thailand, United Kingdom, United States, Vietnam.In addition to the New York Convention, the Hong Kong SAR has entered into arrangements with the Mainland authorities for mutual enforcement of arbitral awards in 1999 and with the Macao SAR in 2013.
Mediation agreementsIf an agreement has been reached by mediation, this will be enforced as a binding contractual agreement between the parties. For more information, please visit here.