Yen, Barry
Partner



Direct line : (852) 3997 3987

SKYPE : bazyen

Email : barryyen@skys.law.com.hk


Barry Yen is the partner responsible for the firm's Intellectual Property practice, Information Technology and e-Commerce Practice. He graduated with a Law degree and Arts degree from the University of New South Wales, Sydney, Australia. He worked in a major patent and trademark attorney firm in Australia for two years before relocating to Hong Kong. Barry is admitted to practice as a solicitor in Hong Kong, New South Wales, the Federal Court of Australia and in the United Kingdom.


Barry is an active contributor of articles and reports on intellectual property matters. His works have been published in well regarded industry publications such as International Corporate Law, Trademark World, Revue du Droit de la Propriete Intellectuelle, Trademark Yearbook, as well as Trade Marks: World Law and Practice.


Barry is a longstanding member of the International Trademark Association's (INTA) Trademark Reporter Task force. In that role he has been and continues to report to the international intellectual property profession on developments in the case law and practice relating to trade marks in Hong Kong, Macau and Cambodia. Barry has also served two terms on INTA's "Amicus" sub-committee. Barry is a member of the East Asia & Pacific Subcommittee of INTA's Legislation & Regulation Committee (2006-2007). In 2006 INTA's Legislation & Regulation Subcommittee prepared and presented submissions to the Chinese authorities on possible revisions to their Trademark Law of the People's Republic of China.

In addition to writing articles Barry also participates in conferences and seminars on intellectual property aimed at broadening understanding of intellectual property laws and practice. For over 20 years Barry has presented papers in Hong Kong and around the Asia Pacific Region Rim on a wide range of topics including the acquisition, commercialization and enforcement of intellectual property rights. These have included the Asian Trade Mark Summit (1996 – Hong Kong), IP protection in the PRC (1997), Intellectual Property Rights Protection in China (1998), Evaluating and Protecting Intellectual Property Rights in PRC (1999 – Beijing China ), e-Commerce Regulation (Presenter and conference Chairperson, 2000 – Hong Kong ) and the eLaw Asia Pacific Conference 2000.

Barry's speaking engagements include presenting the following papers:

# "Cybersquatting" on behalf of INTA at the "Trademarks in Cyberspace Forum 2005" in Vancouver (Canada) in October 2005

# "Key Challenges Facing the IP Profession in the Asia - Pacific Region" and "Counterfeiting and Piracy in the Asia Pacific" at the "Trading Ideas Symposium" in Sydney ( Australia ) in January 2007 organized by IP Australia and co-sponsored by BRW and INTA. This provided an opportunity to exchange views and interact with government official and policy makers around the Asia Pacific.

# "Counterfeiting and Piracy" and "Challenges to Enforcement in the Digital Age" at the APEC Workshop in Nha Trang Vietnam in July 2007.

# "Celebrities and Trademarks" at the International Trademark Association's 132nd Annual Meeting in Boston Massachusetts (USA) May 22-26, 2010.

# “Mediation” as part of the Department of Justice’s and Intellectual Property Department’s promotion during Hong Kong’s “Mediation Week” in May 2016. The Secretary for Justice introduced the panel which provided perspectives from the viewpoint of the Court, barristers and solicitors. Barry was honoured to represent solicitors.

# “Hope” – a TEDx presentation in December 2016 on how seemingly ordinary things can be extraordinary and inspirational.

Barry has also assisted to educate the next generation of intellectual property practitioners in his capacity as a part-time lecturer for The University of Hong Kong's SPACE program and the Advanced Diploma in Legal Studies, and also Macquarie University's Graduate School of Management. His comments on intellectual property have also been quoted in publications such as Fortune magazine and Managing Intellectual Property. In January 2017 Barry assisted as an independent adjudicator for the Civil Advocacy Assessment for law students at Hong Kong University.

Barry's intellectual property expertise is well recognized and this is reflected in his inclusion in every edition of the Guide to the World's Leading Experts in Trade Mark Law and every edition of the Hong Kong WHO's WHO of the Law. Barry was also recognized as one of Hong Kong's leading lawyers in the e-business sector in AsiaLaw-Leading Lawyers 2001 – The Definitive Guide to Asia 's Leading Lawyers. In 2003 Barry was honored by inclusion in AsiaLaw's list of "Leading Lawyers". He was again recognized in this prestigious list in 2004. In 2005, 2006, 2007 and 2008 Barry was also identified by the Leading Lawyers Survey, conducted by Asia Law & Practice, as one of Asia's leading business lawyers.

Under Barry's leadership SKYS was recognized by Managing Intellectual Property as having one of the top ten intellectual property practice groups in Hong Kong in 2001. In 2003 our IP practice was ranked number four in Hong Kong. In 2005 SKYS's intellectual property practice was nominated in an independent survey by Australasian Legal Business as one of five finalists in the ALB Hong Kong Law Awards. SKYS's intellectual property practice was again nominated as one of the five finalists in the 2006 Intellectual Property Law Firm of the Year category. In 2012 our firm was recognized as the "Intellectual Property Law Firm of the Year – Hong Kong" by Lawyer Monthly.

Most recently we have been honoured to receive the Corporate International Global Award for the “Intellectual Property Law Firm of the Year in Hong Kong” in 2012, 2013, 2015 and 2016.

Barry is a longstanding member of the Asian Patent Attorneys Association (APAA) and the Institute of Trade Mark Agents (UK). Barry was the Chairperson of the Intellectual Property Committee of the American Chamber of Commerce in Hong Kong in 1999 and 2000.

From 2007 to 2009 Barry was the President of the very active Hong Kong Institute of Trade Mark Practitioners (HKITMP). In this capacity Barry has been closely involved in approaching policy makers and government officials on necessary amendments to the Companies Ordinance to protect brand names, filing submissions on possible amendments to the Copyright Ordinance to address the challenges created by the digital revolution as well as making submissions in person to the Bills Committee of the Legislative Council on possible changes to the Sale of Goods Ordinance, which is relevant to the issue of how trade marks can properly be used in relation to goods. Barry remains as an active Council member of the HKITMP.