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films, computer software, musical recordings or television dramas in the course of their business.
In April, the HKSAR Government released preliminary proposals for strengthening copyright protection in the digital environment. A Tripartite Forum comprising representatives from copyright owners, users and online service providers was set up in July to consider how best online service providers could help combat Internet piracy.
Enforcement
The Customs and Excise Department is responsible for enforcing criminal sanctions to protect intellectual property rights. It investigates reports of copyright infringement and trade mark counterfeiting, and takes action against the manufacture, distribution, sale, import and export of pirated and counterfeit goods and possession for business use of certain copyrighted works. It also combats copyright piracy and counterfeiting activities that take place on the Internet, including the online distribution and sale of infringing copyright works and counterfeit goods. The department maintains stringent licensing control on all optical disc and stamper factories to prevent them from engaging in copyright piracy activities. In 2008, the department cracked a total of 9 505 intellectual property rights infringement cases including 7 679 piracy cases (which include the new criminal offence under the Copyright (Amendment) Ordinance 2007 that came into operation in April and July), and 1 826 forged trade marks/false trade descriptions cases. A total of 1 841 people were arrested, and goods worth $250 million were seized.
The goods involved in the piracy cases were largely pirated optical discs. As a result of the department's sustained and rigorous enforcement actions, large-scale production of illicit optical discs has been driven out of Hong Kong. The piracy activities are now confined to low-level sales activities and replication on a limited scale.
The department also takes rigorous enforcement action against known black spots for selling counterfeit goods, which resulted in a significant reduction in such illegal activities. 1 557 forged trade marks/false trade descriptions cases effected in 2008 involved mobile hawkers, retails stores and counterfeit goods storage centres.
Maintaining a close working relationship with the intellectual property rights industry greatly facilitates Customs enforcement against piracy and counterfeiting activities. The department continues to foster industry support and co-operation through the Intellectual Property Rights Protection Alliance and various associations representing copyright and trade mark owners.
The Intellectual Property Rights Enforcement Museum set up in October 2007 showcases the department's endeavours and achievement in protecting intellectual property rights and provides a scenario-based training venue for frontline investigators. The Museum is also open to visitor groups in a bid to promote public awareness of and respect for intellectual property rights.