Hong Kong is a party to the Patent Cooperation Treaty (PCT).

Hong Kong has a clear regime of copyright exceptions that follows the fair dealing model under the Copyright Ordinance, which enables the lawful use of copyrighted work by others without obtaining permission. These exceptions include research, private study, criticism, reviews and news reporting.

Copyright is not adequately enforced online in Hong Kong. Piracy through illicit streaming devices (ISDs) is reportedly on the rise in Hong Kong, posing a direct threat to content creators, sports leagues and live performances, as well as legitimate providers of streaming, on-demand and over-the-top media services. In addition, Hong Kong's failure to modernise its copyright system has left it vulnerable to digital copyright piracy, particularly from illicit streaming websites and streaming devices (ISDs), with negative ramifications for businesses and innovators.

Hong Kong has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Hong Kong has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Hong Kong lacks a comprehensive framework for the protection of trade secrets. However, confidential information, including trade secrets, is protected by the common law of confidence, as well as under express and implied terms of contract. While there is no single definition of a trade secret in Hong Kong, the characteristics of a trade secret were summarised in the 2003 case of AXA China Region Insurance Co Ltd v. Pacific Century Insurance Co Ltd, namely that a trade secret or its equivalent must be information which: is used in a trade or business; is confidential, i.e. is not already in the public domain; can be easily isolated from other information which an employee is free to use; if disclosed to a competitor, would be liable to cause real or significant harm to the owner; and is restricted from dissemination by the owner of the information. In the case of infringement, court orders may include (i) a declaration as to the confidentiality and the (lack of) entitlement to the use of the information; (ii) an injunction to restrain the use or further use of the confidential information; (iii) disclosure of any infringing use made of the information; and (iv) delivery of any infringing materials damages or, at the Plaintiff’s election, an account of profits.

There is no obligation for passive infrastructure sharing in Hong Kong to deliver telecom services to end users. However, it is practised in both the mobile and fixed sectors based on commercial agreements.

Hong Kong does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, it is reported that major fixed carriers and mobile carriers are subject to accounting separation requirements to assist the Authority in monitoring developments in the telecommunications industry in general. It is also reported that the Office of the Communications Authority (OFCA) requires a dominant operator to maintain and report accounts for different service segments of its licensed operations, while non-dominant operators are required to maintain and report accounts for their overall licensed operations only.

Hong Kong is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).

It is reported that despite the absence of formal barriers to non-local tendering in procurement regulations in Hong Kong, the country employs a contractor management system to facilitate the selection of reliable and capable contractors. These contractors should be familiar with local regulations and practices for certain procurement types. As a result, foreign contractors may encounter restrictions on both the number and value of public works contracts they are able to obtain. Reports indicate that, during the period from 2018 to 2021, a substantial majority of such contracts were awarded to suppliers based in Hong Kong.

Without a sales certificate provided by China’s National Commission on Encryption Code Regulations (NCECR), it is illegal to sell products using Commercial Encryption Codes (CEC). It is also prohibited to use CEC products not certified by the NCECR. The public promotion and/or exhibition of CEC products must be reported to and approved by the NCECR in advance.
To obtain the certificate, the company must fulfil three requirements:
- They must be staffed with personnel who are knowledgeable in CEC product information and capable of providing post‑sales services;
- They must be able to provide full sales services and be equipped with safety regulations;
- They must also have the rights of an independent juridical unit.

According to Art. 51 of the Postal Law of the People's Republic of China, a specific license is needed for express delivery business. It is reported that the administrative licensing for express delivery services is non-transparent and burdensome, preventing competition. It is reported that as companies are required to apply to each city where there is a postal administration department, they need to go through at least 350 review and approval processes if they want to operate at the national level.

China's first comprehensive legislation regulating e-commerce came into effect in January 2019. According to Art. 9, the law applies to all "e-commerce operators," including all individuals and legal entities selling goods and/or providing services on the Internet or other information networks. This includes operators of e-commerce platforms, sellers of goods and services on the e-commerce platforms of others, and those who operate their own websites or through other network services. The law is reported to extend to non-traditional shopping channels, including social media and messaging services, such as WeChat, and streaming sites, such as Douyin. According to Arts. 10-14, all e-commerce operators are obliged to obtain business licenses, register with the tax authorities, and ensure that information on their business and administrative licenses related to their business services is displayed online in a readable form at all times.