COMMERCE AND INDUSTRY
Patents
The Patents Ordinance provides for the grant of standard patents based on patents granted in the State Intellectual Property Office of China, the United Kingdom Patent Office or the European Patent Office (in respect of patents designating the United Kingdom). It also provides for the grant of short-term patents. In 2002, the Patents Registry received 9 130 standard patent applications and 2 176 were granted. During the period, there were also 333 applications for grant of short-term patents, and 265 were granted.
Registered Designs
The Registered Designs Ordinance enables designs to be registered independently in the HKSAR. In 2002, the Designs Registry received 2 183 applications for registration of 3 100 designs, comprising 1 826 single-design applications and 357 multiple-design applications. During the period, 2 992 designs were registered.
Copyright
The Copyright Ordinance provides protection for literary, dramatic, musical and artistic works, typographical arrangements of published editions, sound recordings, films, broadcasts, cable programmes, and performers' performances irrespective of the domicile of the copyright owners. In line with international standards, there is no requirement to register copyright.
Enforcement
The Customs and Excise Department is responsible for enforcing the criminal law for the protection of copyright and trademarks. It investigates reports of copyright infringement and trademark counterfeiting and takes action against the manufacture, distribution, sale, import and export of pirated or counterfeit goods. The department also takes action against the possession of infringing copies of computer programmes, movies, television dramas and music recordings in business as well as unauthorised possession of video recording equipment in a place of public entertainment used primarily as a cinema, theatre or concert hall.
The department maintains stringent control on all optical disc factories to prevent them from engaging in copyright piracy activities. Optical disc manufacturers are required to apply for a licence from the Commissioner of Customs and Excise. To further suppress copyright piracy, the Prevention of Copyright Piracy Ordinance. (Amendment of Schedule 1) Order 2002 was introduced to establish a requirement for manufacturers of stampers in Hong Kong to obtain a licence with effect from July 19, 2002. At year-end, 92 licensed stamper and optical disc factories and 604 optical disc production lines were registered by the department.
During the year, the department processed 11 478 cases and arrested 1 411 persons in connection with copyright piracy activities. The total quantity of items seized amounted to 10.6 million, with a value of $334.5 million. The department also processed 839 cases relating to counterfeit goods and goods bearing false trade descriptions. A total of 638 persons were arrested and 8.76 million pieces of counterfeit goods, valued at $205.5 million, were seized.
During the year, the department detected six corporate end-user piracy cases, resulting in the arrest of seven persons and the seizure of infringing computer software with a market value of $4.9 million, as estimated by the copyright owners. It
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