How are database rights protected in Hong Kong?

Gregory Lutsenko

17.06.2021 | 6 min read

Updated: 16.10.2026

Generally, codes, source code, programs, and all related software are protected by copyright law. Not only the database structure but also its content must be thoroughly protected. The reason for this is the expenses spent on the financial, material, organizational, and other aspects. In Hong Kong, however, the Copyright Ordinance (Cap. 528) does not protect a database because of the money invested or the number of items it contains. It protects a database as a compilation, which counts as a literary work when the selection or arrangement of its contents constitutes an intellectual creation.

Defining a database

What is a database? Independent materials of various types can be collected and presented in one set that is designed to be systematized in a certain way. In order for a database to be useful, the materials must be available to search and be processed by a computer. People who create a database and collect, process, and situate all the elements are called database manufacturers.

Registering copyright in Hong Kong

There is no specific copyright registration regime stated in Hong Kong. Automatically, copyright is assigned to every original and tangibly recorded work. Holders of copyright have an exclusive right to create copies of their work and to distribute it publicly. Surprisingly, under the Copyright act in a special administrative region in China, software and databases belong to the category of literary works.

Copyright protection

Copyright is protected mainly through remedies for its infringement. The copyright owner can bring a civil action for infringement. Moreover, a person who, without the copyright owner’s licence, makes infringing copies for sale or sells them in the course of business may also be criminally liable.

Patent registration

Besides copyright protection, there are special regulations for protecting innovations by granting their creators with a patent. In Hong Kong, a patent can be registered for usage in the industrial domain and must not be a part of the excluded invention classes. Traditionally, patents are divided into short-term and standard. A standard patent can be applied for directly in Hong Kong under the original grant route, or obtained under the re-registration route on the basis of an application filed with a designated patent office. Under that route, the applicant first files a request in Hong Kong to record the published designated application, and then requests registration and grant once the designated office has granted the patent. The designated patent offices are:

• the China National Intellectual Property Administration
• the European Patent Office (for applications designating the United Kingdom)
• the United Kingdom Intellectual Property Office.

When it comes to patenting software, the successful patent registration depends on whether:

• the invention is new
• it involves an inventive step
• it is susceptible of industrial application.

The final word

Thanks to this short post we have discovered how databases can be protected in Hong Kong. Firstly, it can be protected under copyright law since it falls under the category of literary works. Also, software used with a database may be patented if it meets the patent requirements, although a computer program as such is not regarded as an invention under the Patents Ordinance (Cap. 514).

For a more detailed consultation on copyright protection do not hesitate to contact COREDO.