Douglas Clark
douglas.clark@giltchambers.com
Office Contact No.: 2866 8233
Fax: 2866 7858
Admission:
Barrister HK (2011), Solicitor HK (1996)
Barrister and Solicitor, Victoria (1995)
Solicitor, England & Wales (1998)
Adjunct Professor, Faculty of Law, University of Hong Kong
Fellow, Hong Kong Institute of Arbitrators (2012)
Languages: 
English, Chinese (Mandarin) and Japanese

Doug’s main area of practice is intellectual property.  He has handled as an advocate in Hong Kong all types of intellectual property cases, including High Court trials and appeals to the Court of Appeal and Court of Final Appeal for patent and trademark infringement/passing off, as well as numerous copyright infringement cases.  He has also sat as an arbitrator in an arbitration involving patent infringement as well as a court appointed examiner for depositions for a United States patent litigation case.

Doug has obtained and defended against interlocutory injunctions in numerous cases, including Anton Piller Orders, Mareva Injunctions and Norwich Pharmacal relief.
 
He also advises clients on Mainland China IP issues, including litigation, technology transfer and FRAND licensing of essential patents.

Doug is an adjunct professor at the University of Hong Kong where he teaches the LLM course in IP.

Doug was previously a solicitor and was a partner and co-head of the worldwide patent practice of international law firm, Hogan Lovells.  From 2003 to 2010 he was chief representative and managing partner of Lovells’ Shanghai office and from 2008 to 2009 was a member of Lovells’ worldwide Partnership Council.
 
He is a member of the Asian Patent Attorney's Association (APAA) and the Hong Kong Institute at Trademark Practitioners. He was previously co-chair of the European Chamber of Commerce IPR Working Group in China. 

Doug is a Hong Kong International Arbitration Centre panelist. 

He is a World Intellectual Property Organisation (WIPO) and Asia Domain Name Dispute Resolution Centre (ADNDRC) domain name panelist.  He has rendered over to 200 UDRP decisions in English, Chinese and Japanese.  

Doug studied Chinese and Chinese law at Fudan University in Shanghai from 1988 to 1990 and was an exchange student in Japan in 1983.  He is fluent in Mandarin and Japanese.

Doug has published three books, Patent Litigation in China; Civil Litigation in Hong Kong; and, Gunboat Justice, a history of British and American extraterritorial courts in China and Japan.  He is also general editor and a contributing author to Hong Kong Intellectual Property, the leading loose-leaf service.  He is also the associate producer of a feature length movie (starring Neve Campbell), I Really Hate My Job.

For more information see Doug’s personal website:  www.douglas-clark.com 

Selected cases

 
Dyson v German Pool, 2016, discharge of interlocutory injunction and opposition to stay in favour of EPO proceedings.
 
Tsit Wing Group v TWG Tea, 2016, appeal to the Court of Final Appeal in trademark infringement and passing off case.  

SNE v Hsin Chong Construction, 2013 & 2015, Patent Infringement, Hong Kong High Court and Court of Appeal, Counsel for Plaintiff (with Winnie Tam S.C. at first instance).
 
Frey Wille v Complex Industrial, 2012,Copyright Infringement, Hong Kong Court of Appeal. Counsel for Defendant.
 
Stitching BDO v BDO Unibank, 2011, Hong Kong High Court, 
Counsel for Plaintiff (with Winnie Tam SC) in trademark infringement and passing off claim.

 
In Re Otter’s Patents, 2011, Hong Kong High Court
, Counsel for Applicant seeking to amend two Hong Kong Standard Patents.

 
Alstom v Insigma, 2008, Singapore International Arbitration Centre
, Counsel for claimant in arbitration relating to breach of technology transfer agreement.

 
Nintendo v Lik Sang, 2003, Hong Kong High Court
, Summary judgment application for sale of devices designed to circumvent copy protection.

 
Nintendo v Bung Enterprises 2000, Hong Kong High Court, 
Summary judgment application for enforcement of United States Judgment

Selected Publications

 
Patent Litigation in China, 2nd ed, Oxford University Press, 2015

 
Civil Litigation in Hong Kong (with Allan Leung), Sweet & Maxwell 5th ed, 2017.

Intellectual Property in Hong Kong, Lexisnexis, loose-leaf service.

Gunboat Justice; British and American Court in China and Japan (1842 to 1943), 2015
"Patent Protection in the Hong Kong SAR", Chapter in Patent Law in Greater China, Edward Alger, 2014. 
 
Intellectual Property Litigation in Hong Kong: Are the Courts Up to the Challenge?, Hong Kong Lawyer, July 2014.
 
IP Litigation: What Hong Kong Can Learn from China, Hong Kong Lawyer, February 2011, p34

 
"China's New Patent Regime", China Business Review, May-June 2010 (with Geoffrey Lin and Alex Xia)