Ella Cheong is a highly esteemed leader and seasoned attorney in Hong Kong, being a Justice of the Peace as awarded by the HKSAR Government, and also a Notary Public serving on the HK Council of Notaries. She is renowned for her trailblazing career trajectory that inspires aspiring law professionals. With a distinguished career path spanning multiple jurisdictions, including Hong Kong, China, Singapore, and Malaysia, she has demonstrated unwavering determination, commitment, and resilience. Her remarkable journey from being the only woman and Chinese member on Wilkinson & Grist’s legal team to becoming its longest-serving senior partner serves as a testament to her exceptional leadership and dedication to the legal landscape.
ELLALAN: Incorporation and Journey
After reaching mandatory retirement age, Ella established Ella Cheong HK/BJ, an agency for IP prosecution, and also Ella Cheong Law Office to support it for enforcement licensing and other legal issues. Later, Ella sold her agency and donated her entire share of the proceeds to deserving organizations such as ORBIS, Cancer, and charitable organizations, supporting young adults in law, science music, and art. She remains committed to mentoring young professionals and university students in all sciences. Her involvement with the Asian Youth Orchestra (AYO) reflects her passion for nurturing young musical talents from Asia.
A Hall of Fame Honour
Being inducted into the IAM IP Hall of Fame as the first Asian woman was a great honour for Ella. She was surprised and elated by the recognition; it was revealed to her under unique circumstances while she was lying in hospital. The distinction held special importance as Ella was not only the first Asian woman but also the only Asian lawyer in private practice, unlike the others inducted to date in Asia. This recognition brought Ella immense gratification and joy.
Sustaining Passion and Expertise
Ella’s enduring passion for intellectual property rights (IPRs) drives her continued involvement in the field. By sharing her expertise with audiences, companies, and individuals, she emphasizes the significance of investing in IP, irrespective of how large or small the respective business is. Staying updated on new developments, serving on the IP Committee of the Law Society of Hong Kong and engaging with global colleagues and Committees of international IP organisations help her maintain her creative edge and industry insights.
Core Values Across IP Firms
Ella has woven common cultural threads into each of her IP firms across Asia, focusing on accountability to clients. The 3 Rs—responsiveness, reliability, and responsibility—are fundamental to delivering exceptional services. Additionally, honesty and transparency are valued, whether admitting limitations in expertise or rectifying mistakes. This commitment to client-centricity and integrity drives the culture of each firm.
Identifying and Mentoring Future Leaders
When hiring future leaders, Ella looks for individuals who embody professionalism and passion in their work. These qualities are essential for success within her firms, and she seeks to cultivate the young professionals in the next generation of leaders. With this, she aims to build a team of dedicated and driven professionals who share her commitment to excellence.
Creating a Legacy of Mentorship
Ella takes great pride in having trained numerous young professionals who have become leaders in their fields and firms. Gaining respect from professionals globally and locally and from her family is a testament to her dedication. Her ongoing dedication to mentoring young professionals and university students from diverse backgrounds is a lasting legacy that extends beyond her achievements.
The Evolution of Intellectual Property
Ella’s perspective on IP has undergone a notable transformation over the years. Initially, IP wasn’t recognized as a vital field, but as globalization and tech innovation progressed, it evolved into a dynamic strategic asset in a globalized economy. New technologies and technological innovation progressed; it evolved into a dynamic strategic asset. New technological cross-border interactions made IP rights global assets that require worldwide management and harmonization.
The emergence of AI and digital platforms has further complicated the IP landscape, challenging traditional definitions and blurring lines between IP categories. As IP laws adapt to these changes, harmonization is necessary to facilitate international collaboration, which allows flexibility for locals. This evolution underscores the need for proactive IP management and continuous monitoring to protect against infringements and counterfeits.
A Career Path Revisited
In another life, Ella would have wished to be a medical doctor, saving lives and helping people overcome physical and mental adversities, especially in 3rd world countries. With this path, she would be able to make a direct impact on an individual’s well-being.
Navigating IP Challenges in Asia
Asia faces pressing IP challenges that require strategic preparation. Several key issues include IP enforcement against infringements and counterfeits that can hinder economic development.
Education on IP protection is crucial, starting from the primary school level, and to be on-going.
Law firms need to invest in regional expertise, build strong networks across jurisdictions, and leverage technology for IP management and enforcement. They should also develop expertise in emerging technologies such as AI, blockchain, and biotech and invest in legal tech tools.
Technology transfer and innovation protection need to be encouraged, and lawyers should be well-versed in licensing agreements, joint ventures, and local regulatory requirements to help clients manage risks and ensure equitable outcomes in technology-sharing arrangements.
The Evolving Role of IP in the Digital Age
In the digital age, IP plays an increasing and pivotal role in protecting innovations while ensuring fair use and competition. Emerging technologies such as AI-generated content, NFTs, and biotechnology patents are challenging the boundaries of traditional IP frameworks, requiring legal systems to adapt.
Defining ownership and authorship for AI-generated content is a pressing issue, with jurisdictional differences and varied court decisions. NFTs disrupt traditional copyright and licensing models, introducing challenges around ownership and enforcement. Biotechnology patents raise concerns about access, affordability, and the balance between innovation and public health.
IP law needs to evolve to tackle these challenges, providing clarity and protection for creators, innovators, and users. By adapting to the evolving landscape, IP laws can promote innovation while ensuring fairness, access, and accountability.
Navigating Cross-Border IP Disputes
The increasing complexity of cross-border IP disputes stems from diverse legal frameworks and cultural perceptions of IP, varying enforcement standards, and challenges created by globalization and digitalization. Asia, being at the forefront of technological innovation, has the potential to shape global norms in this area through initiatives such as ASEAN and RCEP cooperation and the participation of global forums like WIPO and WTO.
The Impact of AI on the IP Legal Profession
AI is transforming the IP legal profession, enhancing efficiency, accuracy, and decision-making. AI-powered tools are streamlining tasks such as trademark searches, patent drafting and litigation, allowing IP professionals to focus on higher-value strategic work. While AI offers immense potential, it also raises new questions for IP lawyers, such as ownership and infringement issues related to AI-generated works. As AI continues to evolve, IP professionals must adapt their skills to navigate the legal and ethical challenges that accompany these tools.
Adapting IP Laws for a Data-Driven Economy
As the global economy becomes increasingly driven by data and innovation, IP laws must evolve to remain relevant and protective. To accomplish this, IP laws need to prioritize flexibility, addressing emerging technologies and innovations by clarifying ownership, originality, and accountability.
IP laws need to protect non-traditional assets such as algorithms, databases, and digital platforms. Global Harmonization is also crucial, as inconsistent IP laws create obstacles to enforcement and predictability. Further, IP laws must strike a balance between incentivizing innovation and ensuring access to critical technologies, particularly in biotech and pharmaceuticals. To keep pace with rapid innovation, IP must understand changes in innovation and advise clients on navigating the evolving IT landscape.
