Innovation cycles are shortening, collaboration is becoming the norm, and technology-driven assets increasingly sit at the centre of enterprise value. Against this backdrop, legal teams are expected to do more than “register and react”. They must help businesses protect, commercialise, and enforce IP rights while adapting to new operating models and evolving regulatory expectations.
This new Practice Note produced in partnership with Paris Hui of Gallant: 'New and emerging technology – protection and enforcement of intellectual property rights', now available in the new Lexis+ Practical Guidance Hong Kong Intellectual Property Module, provides a practical framework for navigating IP risk across the development and commercialisation lifecycle.
Why early-stage structure matters in tech innovation
New technology is often the result of collaborative working, whether between commercial partners, R&D providers, manufacturers, or specialist contributors. The Practice Note emphasises that parties should proactively reach express agreement at the outset of collaboration to avoid ownership conflicts and expensive disputes later.
Key collaboration and commercialisation models addressed include:
- Assignment arrangements (transfer of ownership)
- Collaboration agreements (ownership, management and exploitation of jointly created IP)
- Licence agreements (authorised use while the owner maintains control; often paired with NDAs)
- Joint venture agreements and royalty / cross-licensing structures
A practical highlight is the focus on defining and managing background IP (pre-existing rights contributed to the relationship) and foreground IP (rights generated during the project), including who owns what, who pays for protection and renewals, and who has the capability to manage an IP portfolio effectively.
Protecting the technology stack: more than patents
While patents and registered designs often need early action to avoid losing novelty, the Practice Note underscores that effective protection typically uses multiple rights (i.e., patents, trade marks, designs, copyright, and confidentiality) depending on what the technology is and how it is commercialised.
Practical issues to pressure-test include:
- Freedom to operate searches before launch to assess infringement risk and support investment/approval decisions
- Future-proofing contract drafting so rights and definitions remain workable as technology formats evolve
- Confidentiality strategy (including NDAs and trade secret thinking) as a core pillar of IP value preservation
New challenges in a rapidly evolving landscape
The Practice Note also points to areas where innovation and legal frameworks may move at different speeds, creating uncertainty for right holders and businesses planning go-to-market strategies. It flags challenges arising from interoperability, open innovation models, and the need to incorporate IP management mechanisms alongside regulatory developments.
How Lexis+ Practical Guidance Hong Kong helps
The Lexis+ Practical Guidance Hong Kong Intellectual Property Module is designed to support real-world legal workflows with practical tools and guidance across IP protection, enforcement, and commercialisation, helping teams move from issue spotting to execution.
The module includes:
- Guidance on protection strategies across brands, designs, patents, and confidential information
- Drafting templates for IP clauses in commercial contracts
- Practice notes and forms for trade mark and patent filings
- Risk assessment tools for infringement and licensing
It also spans key topic areas such as Advertising & Marketing, IP & Corporate (including technology transfer and due diligence/IP audit), Patents, Copyright (including AI and copyright), and Trade Marks & Passing off, and more.
Complete the form below to download the full Practice Note for free and explore more expert guidance on Lexis+ Practical Guidance Hong Kong.
Note: After completing the form, the whitepaper will appear on the same page. Please stay on the page after submission. If you do not see the whitepaper, contact us at marketing.hk@lexisnexis.com for assistance.