As Asia's World City, Hong Kong is committed to the protection of intellectual property. With the goal of enhancing consumer confidence in Hong Kong, and to strengthen the City's reputation as a "Shopping Paradise" for genuine products, the Intellectual Property Department has launched the "No Fakes Pledge" Scheme.
The "No Fakes Pledge" Scheme campaign encourages participating retail merchants to set a good example by pledging not to sell or distribut e counterfeit or pirated products, thus establishing and upholding honest and trustworthy trading practices. With the help of strong marketing and growing participation, this campaign, will further distinguish honest and reliable retail merchants, thereby gaining the confidence and trust of consumers.
In 2004, Hong Kong Intellectual Property Department cooperated with Guangdong Intellectual Property Office to launch the "No Fakes Pledge" Scheme in Guangdong Province. Participating cities include Guangzhou, Dongguan, Shenzhen, Shantou, Zhuhai, Jiangmen, Huizhou, Zhangjiang, Zhaoqing, Foshan and the Pledge will be gradually extended to other cities in Guangdong Province.
All participating retail merchants of the "No Fakes Pledge" Scheme have committed not to sell or deal in counterfeit or pirated goods and to sell only genuine goods. All retail merchants participating in the "No Fakes Pledge" Scheme will post the "No Fakes" stickers and tent cards in their shops. With the "No Fakes" logo, tourists and consumers can easily identify reliable retailers and shop with confidence.
The Kowloon Pearls, Precious Stones, Jade, Gold and Silver Ornament Merchants Association
Application form is available from the issuing bodies or it can be downloaded here
Renewal of "No Fakes Pledge" membership is on an annual basis and the membership of “No Fakes Pledge” is valid from 1st January until 31st December that year. "No Fakes" member company is required to return all the expired and invalid "No Fakes" stickers and tent cards to the issuing body concerned.
Use of "No Fakes" Logo
The "No Fakes" logo together with the "No Fakes" stickers and tent cards are the property of Intellectual Property Department. If "No Fakes" member company intends to use "No Fakes"
logo in its advertisements or promotional materials, prior written approval should be obtained from the Intellectual Property Department.
Further information regarding “No Fakes Pledge” and intellectual property protection can be obtained from the Intellectual Property Department and www.nofakes.hk.
Hotline: 2961 5625/ 2961 6931
Suspension and Termination of “No Fakes Pledge” Membership
If the issuing body and the co-ordinator have reason to believe that the member company has failed to comply with the code of ethics, or if any action is taken against such member company by the Customs, the issuing body may suspend or terminate the “No Fakes Pledge” membership of the suspected member company. Where any of the above grounds of suspension or termination occurs, the member company concerned will be asked to return the stickers and tent cards that were issued to it or the Customs has the right to seize and confiscate the stickers and tent cards as a result of the action taken.
Before making a decision to suspend or terminate the membership of a member company pursuant to Note 1 above, a written notice will be served on the member company informing it of the intended termination of its membership and the reasons. The member company will be required to return a completed reply slip within two working days (i.e. excluding Sundays and public holidays), indicating whether it intends to attend a hearing at which the member company concerned may give its views on the matter.
If the member company indicates that it does not intend to attend a hearing or if the reply slip is not completed and returned within 2 working days (i.e. excluding Sundays and public holidays), the membership of the member company concerned will be immediately terminated. If the member company indicates that it intends to attend a hearing, the hearing shall be held within two working days (i.e. excluding Sundays and public holidays) upon the receipt of the reply slip by the issuing body.
At any time before the hearing, the member company concerned may submit any written representations for consideration by the hearing panel, irrespective of whether the member company concerned intends to attend the hearing, provided that such written representations shall reach the hearing panel prior to the time scheduled for the hearing.
Upon considering all the submissions of the member company concerned, whether at the hearing or otherwise, the hearing panel shall exercise its absolute discretion as to whether to suspend or terminate the membership of the member company or not. The member company shall be notified in writing of the decision of the hearing panel as soon as possible after the hearing. The hearing decision will also be announced in the website of the “No Fakes Pledge”. Any decision reached by the hearing panel shall be final and binding upon the member company concerned.
The “No Fakes Pledge” membership of a member company shall terminate automatically and immediately in the event that such member company ceases to be a member of the issuing body concerned. A member company may withdraw from the “No Fakes Pledge” Scheme at any time by giving the issuing body concerned a written notice to that effect.
Upon the suspension, termination or withdrawal of the “No Fakes Pledge” membership for any reason, the member company shall immediately cease using the “No Fakes” stickers and tent cards and shall return all such stickers and tent cards to the issuing body concerned, the co-ordinator or Customs immediately; failing which the co-ordinator (with assistance from Customs officers) shall be entitled to remove and take away all “No Fakes” stickers and tents cards from the premises of the member company concerned and to collect all the other “No Fakes” stickers and tent cards in its possession.
The issuing body concerned and the co-ordinator shall have the right to publicise, in any media and in any manner, the suspension, termination or withdrawal of the membership, any actions taken against the member company concerned and any other matters relating to the suspension, termination or withdrawal that the issuing body concerned and/or the co-ordinator may deem appropriate, including without limitation the name of the member company concerned and details relating to any suspension, termination or withdrawal of its membership.
The issuing bodies and the co-ordinator shall not be responsible or liable in any way to any member company for any loss or damage that may arise as the result of any actions taken by any of them in relation to the suspension, termination or withdrawal of membership pursuant to Notes 1 to 8 above (including without limitation any decisions to suspend or terminate the membership of any member company) and/or the publication of any matters relating to such suspension, termination or withdrawal pursuant to Note 8 above. This provision shall continue to have effect notwithstanding any suspension, termination or withdrawal of membership as described above.