WORLD TRADE
ORGANIZATIONIP/N/1/HKG/4
31 January 2003
(03-0640)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 63.2 OF THE AGREEMENT
HONG KONG, CHINA
The following communication, dated 9 July 2001, has been received from the Permanent
Mission of Hong Kong, China.
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In accordance with Article 63.2 of the TRIPS Agreement, Hong Kong, China wishes to notify
the Council on Trade-Related Aspects of Intellectual Property Rights of recent amendments to Hong
Kong, China’s laws and regulations relating to the TRIPS Agreement previously advised underdocument IP/N/1/HKG/2.
An explanatory note is attached.Copies of the texts of these amending laws and regulations are enclosed.IP/N/1/HKG/4
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NOTIFICATION TO TRIPS COUNCIL BY HONG KONG, CHINA
OF AMENDING LEGISLATION TO MAIN DEDICATED IP LAWS AND REGULATIONS
LISTED IN ANNEX 1 OF DOCUMENT IP/N/1/HKG/2
BACKGROUND INFORMATION
Name of legislation
The Intellectual Property (Miscellaneous Amendments) Ordinance 2000 (“the IP
Miscellaneous Amendments Ordinance”)1;  and
the Copyright (Suspension of Amendments) Ordinance 2001 (“the Suspension Ordinance”)2
Type of legislation
Amendment of the Copyright Ordinance (Cap. 528)
Amendment of the Prevention of Copyright Piracy Ordinance (Cap. 544)
Amendment of the Patents Ordinance (Cap. 514)
Date of entry into force
1 April 2001
Purpose of legislation
The purpose of the IP Miscellaneous Amendments Ordinance is:
- To prevent the video bootlegging of copyright works in places of public
entertainment by creating a new offence under the Prevention of Copyright PiracyOrdinance of unauthorized possession of video recording equipment in cinemas,
theatres or concert halls and to enable a manager of such places to refuse admission to
persons who possess such equipment.
- To amend the Copyright Ordinance so that a person commits an offence if he, without
the licence of the copyright owner, possesse s an infringing copy of a copyright work
in the course of, in connection with or for the purpose of trade or business.  The
Copyright Ordinance (as amended) makes it clear that it is immaterial whether or not
the trade or business consists of dealing in infringing copies of copyright works
themselves.  The provisions on civil infringement have been similarly amended.
- To make a minor technical adjustment to the Patents Ordinance.
To address serious public concerns about the amendments effected by the Intellectual
Property (Miscellaneous Amendments) Ordinance, the Legislative Council passed the Copyright(Suspension of Amendments) Ordinance 2001 in June 2001.
                                                     
1 See document IP/N/1/HKG/C/1/Add.1;  IP/N/1/HKG/C/2/Add.1;  IP/N/1/HKG/P/1/Add.1.
2 See document IP/N/1/HKG/C/1/Add.2.IP/N/1/HKG/4
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As a result, the criminal provisions in the recently amended Copyright Ordinance will
continue to apply, with a slightly narrowed scope, to computer programs, movies, television dramas
and recordings of musical works.  For copyright works other than these four categories, the criminal
provisions will revert to the position before the amendments took effect.
The effects of the Copyright (Suspension of Amendments) Ordinance 2001 in terms of
criminal liabilities are as follows:
(a) anyone who knowingly possesses an infringing copy of a computer program, a movie, a
television drama or a recording of musical work  for the purpose of or in the course of
any trade or business may be criminally liable;
(b) the use of parallel-imported computer program in business is not a criminal offence;
(c) anyone who deals in infringing copies of copyright works other than those mentioned
in (a)  above may be criminally liable if he knows or has reason to believe that the copies
in question are infringing copies;  and
(d) the use of infringing copies of copyright works other than those mentioned in (a) above in
business is not a criminal offence.
The maximum penalty of the offence for (a) and (c) above is $50,000 per infringing copy and
4 years imprisonment.
Contact for enquiries
Mr. Rayman Perera
Assistant Director
Intellectual Property Department
Government of Hong Kong, China
Tel.: +852 2961 6808
Fax: +852 2838 6276E-mail: rjperera@ipd.gov.hk
.IP/N/1/HKG/4
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NOTIFICATION TO TRIPS COUNCIL BY HONG KONG, CHINA
OF OTHER LAWS AND REGULATIONS LISTED IN ANNEX I1 OF
DOCUMENT IP/N/1/HKG/2
BACKGROUND INFORMATION
Name of legislation
Prevention of Copyright Piracy (Notices) Regulation
Type of legislation
A Regulation made under Section 38 of the Prevention of Copyright Piracy Ordinance
(Cap.544)
Date of entry into force
1 April 2001
Purpose of legislation
To prescribe the form of the notice, the statements in the notice and the manner and location
for displaying the notice so as to prohibit the unauthorized possession of video recording
equipment in cinemas, theatres or concert halss required by Section 31E of the Prevention of
Copyright Piracy Ordinance (as amended).
Contact for enquiries
Mr. Rayman Perera
Assistant Director
Intellectual Property Department
Government of Hong Kong, ChinaTel.: +852 2961 6808
Fax: +852 2838 6276
E-mail: rjperera@ipd.gov.hk
.
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