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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
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Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA)

Patent Agency Services

Liberalisation Measures under CEPA

The Agreement on Trade in Services covers and consolidates commitments relating to liberalisation of trade in services provided in CEPA and its Supplements and also the Agreement between the Mainland and Hong Kong on Achieving Basic Liberalisation of Trade in Services in Guangdong.  
 
Agreement on Trade in Services
Liberalisation Measures under Cross-border Services (Positive List)
Sectors or
Sub-sectors
1. Business services
A.     Professional Services
         k.    Other (Patent agency, Trade mark agency etc.) (CPC8921-8923)
Specific commitments
  1. To allow contractual service providers employed by Hong Kong service suppliers to provide services under this sector or sub-sector in the Mainland within the scope allowed by the relevant rules and regulations1.
  2. To allow eligible Hong Kong permanent residents with Chinese citizenship to take the National Qualification Examination for Patent Agents in the Mainland.  A Patent Agent Qualification Certificate will be issued to those who pass the examination.3
  3. Hong Kong permanent residents with Chinese citizenship who have obtained the Patent Agent Qualification Certificates may practise in patent agencies established with permission in the Mainland.  Those who meet the prescribed requirements may become partners or shareholders of patent agencies established with permission in the Mainland.4
Reserved Restrictive Measures under Commercial Presence (Negative List)
Sector:
1. Business services
Sub-sector: A.     Professional Services
        k.    Other (Patent agency, Trade mark agency etc.) (CPC8921-8923)
Obligations
concerned
National Treatment
Reserved
Restrictive
Measures
Commercial Presence
Apply national treatment. 

1 Trade mark agency.
2 Covering the liberalisation measures provided in CEPA Supplement X.
3 Covering the liberalisation measures provided in CEPA Supplement.
4 Covering the liberalisation measures provided in CEPA Supplement. 
 

For details about the cooperation in intellectual property under the Agreement on Economic and Technical Cooperation (Ecotech Agreement), please refer to the Ecotech Agreement.