HK IPD Consults On Scale Of Costs In Opposition Proceedings

by Mary Swire, for LawAndTax-News.com, Hong Kong

11 June 2008

Hong Kong's Intellectual Property Department recently announced the publication of a 'Consultation Paper on Scale of Costs in Opposition Proceedings under the Trade Marks Ordinance Cap.559'.

The IPD explained that the consultation had been launched in response to concerns expressed by trade mark practitioners with regard to costs awarded in Trade Marks Registry’s proceedings.

The practitioners reportedly suggested that awards should be made by reference to a scale which would standardize costs for perusal, preparation and filing of certain documents in opposition proceedings under Cap.559 and also the preparation for and attendance of extension of time hearings in relation to the proceedings.

After several discussions, a scale in relation to 3 items of costs was proposed by professional bodies, details of which are provided in the consultation document.

The Scale of Costs is subject to review from time to time to take better account of the real costs involved in litigation before the Registrar of Trade Marks.

The planned effective date of the Scale of Costs currently under consultation is 1st August 2008. It is proposed to be applicable to opposition proceedings commenced on or after 1st August 2008 and extension of time hearings taken place on or after that date.

Responses are invited until 30th June.

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