Patents Ordinance (Amendment of Schedule 1) Order 2024

On January 15, 2025, the Patents Ordinance (Amendment of Schedule 1) Order 2024 (the 'Order') passed in the Legislative Council (LegCo). The Order amends Schedule 1 to the Patents Ordinance (the 'Ordinance'), which concerns the designation of contracting parties to the Paris Convention for the Protection of Industrial Property (the 'Paris Convention'). This amendment ensures that Hong Kong law accurately reflects the current international framework of nations party to the Paris Convention.

The Order details a comprehensive list of 163 jurisdictions currently recognized as contracting parties to the Paris Convention, encompassing countries from Afghanistan to Zimbabwe. Accurate identification of these contracting parties is fundamental in establishing the territorial scope of patent protection applicable to intellectual property rights originating from or extending to these jurisdictions.

In addition to the Paris Convention countries, the Order provides a corresponding list of 163 member states of the World Trade Organization ("WTO"). The parallel enumeration of Paris Convention contracting parties and WTO members promotes harmonization between international trade regulations and the protection of industrial property rights, thereby affirming Hong Kong’s adherence to prevailing international legal norms. Both lists are subject to periodic revisions by the competent authorities to guarantee continued accuracy and relevance.