Cease and Desist Letter (Hong Kong) (Letters)

A Cease and Desist Letter (Letters) in Hong Kong states the breach alleged and the remedy the writer requires before escalating.

Cease and desist letters are used across a wide range of legal disputes in Hong Kong. In intellectual property disputes, the letter demands that the recipient stop infringing registered trade marks protected under the Trade Marks Ordinance (Cap. 559), reproducing or distributing copyrighted works without authorisation under the Copyright Ordinance (Cap. 528), manufacturing or using patented inventions without a licence under the Patents Ordinance (Cap. 514), or registering and using confusingly similar domain names. Many Hong Kong IP disputes — including trademark infringement by online retailers and copyright infringement by content aggregators — are resolved through cease and desist correspondence without proceeding to the Court of First Instance or District Court.

In breach of contract disputes, the letter demands that the recipient comply with contractual obligations — for example, honouring a non-compete clause, observing confidentiality obligations, or ceasing to solicit a business's customers in breach of an employment agreement. The letter puts the recipient on formal notice that continued breach will result in an application for injunctive relief from the Court of First Instance under section 21L of the High Court Ordinance (Cap. 4).

The Protection from Harassment Ordinance (Cap. 589), which came into force in Hong Kong in June 2021, provides a statutory basis for cease and desist demands in harassment cases. Under Cap. 589, a person who has been harassed — including through cyberbullying, stalking, or repeated unwanted contact — may apply to the District Court for a prohibition order requiring the harasser to stop the conduct. A cease and desist letter predating such an application demonstrates to the court that the applicant first sought voluntary compliance before resorting to judicial intervention.

In defamation cases governed by the Defamation Ordinance (Cap. 21), a cease and desist letter demanding retraction of defamatory statements, removal of online content, and publication of a correction is the standard first step before commencing defamation proceedings in the Court of First Instance. Hong Kong courts take a dim view of claimants who proceed directly to litigation without first giving the defendant an opportunity to retract or correct defamatory material.

Cease and Desist Letters in Hong Kong are sent not only to direct infringers but also to intermediaries who host or distribute infringing content. Internet service providers, e-commerce platforms such as HKTVmall and Amazon, and social media operators may be put on notice of infringing content through a cease and desist letter. Once an intermediary receives formal notice of infringement, it may lose any safe harbour protections it would otherwise have under Hong Kong law. The Copyright (Amendment) Ordinance regime and the common law notice-and-takedown framework make the cease and desist letter the standard first step in online content enforcement. Section 24 of the Copyright Ordinance (Cap. 528) grants the copyright owner the exclusive right to issue copies to the public, making unauthorised distribution a primary ground for cease and desist demands before the Court of First Instance or District Court. Section 18 of the Trade Marks Ordinance (Cap. 559) establishes infringement of a registered trade mark where an identical or similar sign is used in commerce without the proprietor's consent. Section 5 of the Protection from Harassment Ordinance (Cap. 589) empowers the District Court to grant prohibition orders against harassment, and a cease and desist letter is the standard precursor to such an application. The Trade Marks Registry of the Intellectual Property Department, the Hong Kong Domain Name Registration Company Limited (HKDNR), and the Cyber Security and Technology Crime Bureau of the Hong Kong Police Force are additional enforcement bodies relevant to brand-owners and rights holders pursuing infringers across the Hong Kong Special Administrative Region.

A Cease and Desist Letter in Hong Kong is needed whenever a person or organisation identifies conduct by another party that infringes their legal rights or causes them harm, and they wish to resolve the matter without immediately commencing court proceedings.

A business that discovers a competitor using a confusingly similar brand name, logo, or trade dress should send a cease and desist letter asserting trade mark rights under the Trade Marks Ordinance (Cap. 559) or passing off rights under Hong Kong common law, demanding that the competitor stop using the infringing mark and remove it from all marketing materials, websites, and product packaging. Many trade mark disputes in Hong Kong are resolved at this stage, avoiding the substantial cost of proceedings before the Court of First Instance.

A content creator, publisher, or business that finds their copyrighted works — articles, photographs, videos, software, or designs — being reproduced, distributed, or made available online without authorisation should send a cease and desist letter demanding removal of the infringing content and cessation of further infringement under the Copyright Ordinance (Cap. 528). Platform operators, including social media platforms and e-commerce sites, respond to rights holder takedown demands supported by cease and desist correspondence.

An employer whose former employee has breached a non-compete clause, taken confidential client lists, or solicited the employer's clients in breach of a fiduciary duty or contractual obligation should send a cease and desist letter to both the former employee and, where relevant, the new employer demanding immediate cessation of the breach. The letter creates a record that can support an urgent application for an interlocutory injunction before the Court of First Instance or the District Court.

An individual or business targeted by defamatory statements — including online reviews, social media posts, or press articles containing false statements of fact — should send a cease and desist letter under the Defamation Ordinance (Cap. 21) demanding retraction, correction, and removal before commencing defamation proceedings. A cease and desist letter gives the defendant the opportunity to retract voluntarily, which may affect the damages assessment in subsequent proceedings.

A person subjected to harassment — including cyberbullying, persistent unwanted contact, or threatening communications — should send a cease and desist letter under the Protection from Harassment Ordinance (Cap. 589) demanding immediate cessation of the conduct, as a precursor to applying for a prohibition order from the District Court.

A Cease and Desist Letter for Hong Kong must address the following key elements to be legally effective, to put the recipient on proper notice, and to create a strong evidentiary record for potential court proceedings.

The sender identification must state the full legal name and address of the sender or, where the letter is issued by solicitors, the name of the law firm and the client on whose behalf the letter is sent. A letter sent on solicitor's letterhead carries greater weight in practice and signals that legal proceedings are a genuine imminent possibility. The sender's relevant registered rights — for example, the Hong Kong trade mark registration number and classes under Cap. 559, or the company registration number at the Companies Registry — should be stated.

The recipient identification must correctly identify the legal entity or individual being demanded to cease. Where the infringing party is a company, the full company name and registered address (as registered with the Companies Registry) should be verified before sending. Sending the letter to the wrong entity weakens the legal position and may affect a costs order if proceedings follow.

The statement of the sender's rights must clearly identify what rights are being infringed — for example, ownership of a registered trade mark under the Trade Marks Ordinance (Cap. 559), copyright in a specific work under the Copyright Ordinance (Cap. 528), contractual rights under a non-compete or confidentiality clause, or common law rights in goodwill established through use of a business name in Hong Kong. Supporting evidence of the sender's rights — registration certificates, copies of relevant contract clauses, screenshots of the infringing use — should be referenced and, where practical, enclosed.

The description of infringing conduct must be specific, factual, and detailed. The letter must identify precisely what conduct the recipient must stop — including URLs, product names, dates of infringing activity, and specific contract clauses breached. Vague complaints without specific factual details are less effective and may invite a response disputing the sender's characterisation.

The legal basis must cite the applicable Hong Kong ordinance or common law principle: for example, section 22 of the Copyright Ordinance (Cap. 528) for infringement of the reproduction right; section 18 of the Trade Marks Ordinance (Cap. 559) for infringement of a registered mark; or the common law tort of passing off where an unregistered mark is being misappropriated.

The demand must state clearly what the recipient must do — cease the infringing conduct immediately; remove all infringing materials from websites and physical locations; provide a written undertaking not to repeat the conduct; and account for profits earned from the infringing activity. A compliance deadline of 7 to 14 days is standard in Hong Kong cease and desist practice.

The consequence of non-compliance must warn that legal proceedings will be commenced without further notice if the demand is not met, including applications for injunctive relief from the Court of First Instance under Cap. 4, claims for damages or an account of profits, and additional damages for flagrant infringement under section 108 of the Copyright Ordinance (Cap. 528). A reservation of all rights should be included. Forms-legal.com also provides the Demand Letter template for related commercial disputes in Hong Kong.

Domain Name and Online Infringement: A Cease and Desist Letter in Hong Kong may also be used in connection with domain name disputes. The Hong Kong Domain Name Registration Company Limited (HKDNR) administers the .hk country code top-level domain. Where a third party has registered a domain name that is identical or confusingly similar to a registered trade mark or well-known brand, a cease and desist letter demanding transfer of the domain together with a complaint under the HKDNR dispute resolution policy provides the dual-track approach used by Hong Kong brand owners to recover infringing domain names. Forms-legal.com also provides the Demand Letter template for related commercial disputes in Hong Kong.