Medical and beauty industries are adjusting business models in response to shifting consumer attitudes and increased regulatory pressures. Working with lawyers who thoroughly understand the critical issues facing the industry is an important component of a company’s ability to thrive in changing markets. Industry-specific issues include market globalization, Medicare and Medicaid reform, corporate consolidations and consumer-driven health care services. Further complicating an already challenging field, legal issues continue to shape these industries.
Having a decade of experience working with clients from the industry, our lawyers truly understand the industries with its regulatory and commercial challenges. Our practice provides comprehensive transactional and litigation counseling in areas ranging from mergers and acquisitions to intellectual property matters to large, complex trials, and at the same time to avoid building up of silos between different areas of laws so that we are able o deliver to our clients commercially sound and legally robust solution focused to their business objectives. With our in-depth understanding of business needs and regulatory obstacles, we devise winning strategies that anticipate and resolve compliance issues or minimize penalties that result from violations.
- List of our client
- Brief Case #1
Patent / Intellectual Property / Short Term / Standard / Designated Patent Office / Product Liability InsuranceCase Scenario:
The protections of inventions are a form of intellectual property called patents. A client, representing a company, recently invented a medical device and began the process of patenting in overseas countries. Their query concerned the procedures of patenting the device in Hong Kong, and whether any liability could come to them should the device malfunction and inflict harm on certain individuals whilst in the sales of an intermediary.Case Advise:
The process of patenting is a relatively simple one in Hong Kong compared to other countries. In countries such as the United Kingdom and United States, an examination must be conducted for the said invention in order for the patent to be processed. Though the process is more thorough, it may take longer to process. But for Hong Kong, there exist no requirements for examination.
Patenting in Hong Kong is separated into 2 categories, a standard patent and short-term patent. A standard patent lasts for 20 years and must first be registered in one of 3 designated patent offices (U.K., China, and E.U.). Within 6 months of the patent application publication, a request must be filed to the Registry of the IPD of the HKSAR Government in order to receive the patent. A patent application in any designated office usually takes a relatively long time, and so we advised the client to first register for a short-term patent in Hong Kong.
A short term patent can be acquired based on an official search report from any of the 3 designated patent offices. After an official search report from any of the 3 offices, alongside additional information, a patent may then be filed and granted. A short-term patent generally lasts for 8 years. By registering for a short-term patent, the device can be protected for 8 years until the application in designated offices are complete. Only then can a standard patent be applied for.
If by chance, a certain device does malfunction and it so happened to inflict harm on an individual, that individual could sue the intermediary responsible, and the intermediary could then sue the manufacturer. Whatever damages the intermediary pays, the manufacturer will also have to pay the intermediary to compensate. Thus it is advised companies to obtain product liability insurance. Product liability insurance can be used to insure individual claims should the unthinkable happen.
Please select from the below where you can have more information about our expertise and how we could work with and assist you.