The In-House Counsel’s 2026 Guide to Hong Kong IP Law & AI Risk Management

Navigating AI copyright litigation and the Hong Kong Copyright (Amendment) Ordinance. Access the 2026 HK IP Toolkit for practical drafting and risk mitigation.

The State of Intellectual Property in Hong Kong (2026)

The "experimental" phase of Generative AI has ended, replaced by a complex era of accountability. For Hong Kong in-house counsel, the current landscape is defined by two primary pressures:

1. Legislative Shifts: Implementation of the Copyright (Amendment) Ordinance and new government guidelines on AI protection.
2. Litigation Trends: A global surge in cases against AI developers (e.g., NYT v. OpenAI, Getty Images v. Stability AI) that are redefining "fair use" and "transformative use" standards.

The "Ownership Gap" in Generative AI

When internal teams utilise AI tools, they often create an "ownership gap"—a legal vacuum where the company may be using assets it doesn't own or that infringe on third-party rights. Managing this requires moving beyond policy into procedural execution.

Tactical Solutions: The 2026 Hong Kong IP Toolkit

To bridge the gap between business innovation and legal liability, our toolkit provides three core functional resources:

1. Operational Drafting & Licensing

Standardise your internal contracts to include AI-specific clauses. The Practical Guidance (PG) IP Module provides:

• Modernised Precedents: Automated templates for data-sharing and AI-licensing.
• Compliance Checklists: Procedural guides for HKIPD filings in a digital-first economy.

Interested to learn more about the PG IP Module? Request for a demo or trial here.

2. High-Level Risk Intelligence

Provide the board with data-backed advice on emerging litigation risks:

• Practice Note: AI Copyright & Authorship - A technical analysis of how HK law treats non-human authorship. (Download for free now)
• On-Demand Webinar: Insights into current global enforcement trends and their impact on local enforcement. (Watch now)

3. Authoritative Reference

For deep statutory research, the 4th Edition of Intellectual Property in Hong Kong remains the jurisdiction's premier text, offering definitive analysis of recent amendments and case law. This authoritative reference: Covers the latest developments, including the Copyright Ordinance update for the internet era and upcoming AI-related amendments. Includes new sections on reciprocal enforcement of IP judgments with Mainland China and the Madrid Protocol. Expanded analysis on copyright, patents, IP arbitration, and joint tortfeasorship following UK Supreme Court updates. PURCHASE NOW: HK$2,790 (10% OFF)

Frequently Asked Questions 

How does Hong Kong law view AI-generated content? Under the current Copyright Ordinance, works must demonstrate "originality" derived from human skill and labor. The toolkit’s AI Practice Note details how to document human intervention to satisfy these requirements.

What are the primary risks of using AI in R&D and Marketing? The primary risks of using AI in R&D and marketing in Hong Kong include legal, reputational, operational, data protection, intellectual property, competition law, and cybersecurity risks, requiring robust risk management and human oversight to mitigate them.