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ARTICLE · 09 JANUARY 2019

Compare, But Beware – Recent Judgment On Comparative Advertising In Hong Kong

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Historically, there have always been tensions in intellectual property law around how to balance the exclusive rights granted to intellectual property rights owners,

Hong KongIntellectual Property
Gabriela Kennedy
Gabriela Kennedy
Amita Kaur Haylock
Amita Kaur Haylock
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Introduction

Historically, there have always been tensions in intellectual property law around how to balance the exclusive rights granted to intellectual property rights owners, while also allow for healthy competition between businesses to benefit consumers. One area where this tension is evident is in comparative advertising – e.g. where advertising materials identify a competitor, and identify a company's products or services as superior.

A recent judgment of the Hong Kong High Court ("Court") provides guidance on comparative advertising for the first time, including the interpretation of section 21 of the Trade Mark Ordinance (Cap. 559) ("TMO")13. In this case, the Court dismissed a trade mark infringement claim brought by the PCCW-HKT Group ("PCCW"), against its competitor, Hong Kong Broadband Network Limited ("HKBN")14. In doing so, the Court demonstrated support for comparative advertising, allowing more freedom for advertisers to highlight their

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