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Intellectual Property

In today’s knowledge economy, a large part of the value of your business is based on intangible assets and goodwill. Your intellectual property plays a key role in obtaining a competitive advantage. A cohesive IP strategy, including both commercialisation and enforcement, will ensure you get maximum value from your portfolio. We understand your business needs and have worked with some of the best-known brands, from banks to tech and media companies, pharmaceuticals and FMCG companies. This industry-specific approach can help you realise your commercial goals.

The right brands will win the hearts and minds of your customers. The right patents will prevent others exploiting your ideas or provide a substantial barrier to market access. Copyright, databases, know-how, domain names, trade secrets and designs also play a vital role. We focus on key sectors relevant to you such as life sciences, consumer products, financial services and TMT. This means you get in-depth industry knowledge as well as legal expertise for the protection of your IP. If you are involved in a dispute, we can guide you through the litigation process.

Our diverse team, who are fluent in English, Mandarin, Cantonese, Japanese as well as Korean, are also qualified to manage and enforce portfolios for some of the world’s biggest brand owners in Hong Kong and across the Asia-Pacific region; and handles the most complex and technically demanding IP disputes.  Costs can quickly escalate in contentious proceedings, so project management is key to our service, driving forward cases, narrowing issues, and managing other service providers.

"They are proactive in identifying and analysing business opportunities related to our intellectual property."

Legal 500, 2022

"What sets the firm apart is its reliable advice on a wide range of legal matters and its deep expertise."

WTR 1000, 2021

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08/11/2022
Technology Transformation – Media
The media sector is known to be highly competitive, with that competition driving innovation. Older media businesses have had to grapple with disruptive new entrants. And those new entrants are constantly working to deliver better and more engaging content and user experiences to maintain their advantage. Digitisation has changed how media companies interact with their audience in ways we could not have imagined just a few years ago, but this comes with risk.This report is a deep dive into the data first produced for the report Technology Transformation: Managing Risks in a Changing Landscape. This saw over 500 corporate counsel and risk managers surveyed from multiple industries across the world. Here we look in detail at the 75 respondents from the media sector, and their perspectives on the risks associated with busi­ness-crit­ic­al technologies, including emerging technologies. What did we find? Media is a dynamic sector and can be an early adopter of many novel technologies as companies push for competitive advantages to create and satisfy customer demand. As we look to the future, the sector does seem underprepared in some areas, which is a potential cause for concern.Download the Technology Transformation media sector report now to read aboutThe principal drivers in the adoption of busi­ness-crit­ic­al technology in the media sectorConfidence in managing tech-related risks among senior media executivesFuture threats from new technologies like AI and blockchainWhich plans and processes media companies are putting in place to protect tech in­fra­struc­ture­Cul­tur­al barriers to managing tech risks in the media sectorPreferred approaches to dispute resolution in the media sector
07/06/2022
Trade secret laws and regulations in Hong Kong
General 1. Has the Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their...
Comparable
01/06/2022
CMS Next
What’s next? In a world of ever-ac­cel­er­at­ing change, staying ahead of the curve and knowing what’s next for your business or sector is essential.At CMS, we see ourselves not only as your legal advisers but also as your business partners. We work together with you to not only resolve current issues but to anticipate future challenges and innovate to meet them.With our latest publication, CMS Next, our experts will regularly offer you insights into and fresh perspectives on a range of issues that businesses have to deal with – from ESG agendas to restructuring after the pandemic or facing the digital transformation. We will also share with you more about the work that we are doing for our clients, helping them innovate, grow and mitigate risk.To be able to provide you with the best support, we immerse ourselves in your world to understand your legal needs and challenges. However, it is equally important that you know who we are and how we can work with you. So, we invite you to meet our experts and catch a glimpse of what is happening inside CMS.Enjoy reading this publication, which we will update regularly with new content.CMS Executive Team
24/11/2021
On the Pulse
Welcome to CMS ‘On the Pulse’ video/podcast series for all Life Sciences & Healthcare professionals – legal, compliance, regulatory
27/10/2021
Episode #1 - Navigating the data protection landscape in Asia, including...
Nick Beckett (Beijing/Hong Kong) chats with Jonathan Chu (Hong Kong) and Sheena Jacob (Singapore) on data protection and in particular:Does Asia need a GDPR equivalent? The new China PIPL - should companies be con­cerned? Cross-bor­der transfers of personal data in Asia - cutting through the thicket So you have a breach in Asia - how to manage a data breach in this part of the world Cy­ber­se­cur­ity laws and regulation of critical sectors - the new national security frontier
26/10/2021
CMS Tech Innovation Asia
Welcome to CMS’s ‘Tech Innovation Asia’ video/podcast series for professionals dealing with legal, compliance, IP and regulatory issues in the Asia-Pacific region.
06/09/2021
Transfer of IP rights in Hong Kong
Pat­ents: As­sign­ment 1. How may a patent be assigned (by law and/or transaction) and is it required to record the assignment in the national patent register to become effective?  A patent or any such...
Comparable
13/07/2021
Open Secrets? Guarding value in the intangible economy
Across multiple industries, businesses are deriving an ever greater proportion of their value from assets protected not by patent or copyright – but by secrecy. And from customer data to software algorithms...
15/02/2021
Compulsory licensing in Hong Kong
1. What is the definition of compulsory licensing? Declaration by the Director of Health (“Director”) allowing a product that is necessary or expedient in connection with an extreme urgency to be...
Comparable