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(b) vigorous enforcement action at the retail, distribution and importation
levels;
(c)
legislative measures to strengthen enforcement capabilities;
(d) introduction of deterrent penalties; and
(e)
closer liaison and cooperation with copyright owners in taking enforcement and prosecution action.
As a result, the quantity and value of seizures in connection with copyright offences in 1996 have increased by 186% and 21.6% respectively when compared with those for 1995. Whilst these enforcement figures reflect the result of our intensified enforcement efforts, they also show that we are still facing an uphill battle against copyright piracy activities.
Mr President, some Honourable Members asked why those infamous blackspots in some shopping arcades in Hong Kong selling pirated CDs, CD-ROMs and VCDs have not yet been closed down despite the vigorous enforcement efforts made by our Customs officers. I wish to point out that our vigorous enforcement action can succeed only to the extent that we have full co-operation from right-holders in bringing evidence to court. Further success hinges on increasing this co-operation. Major manufacturers have in recent years been extremely helpful; but there are others who are less prepared to come forward and give evidence. Their products unfortunately feature prominently on the shelves of the more notorious black-spots.
Mr President, in order to address these specific problems, we seek Honourable Members' support for including a number of new legislative measures in the Copyright Bill. Specifically, we propose -
(a) to double the maximum penalty on first conviction for the possession of pirated copyright products and plates for making pirated copyright products;
(b)
(c)
to introduce modified procedural provisions to facilitate proof of copyright subsistence and ownership; and
to introduce provisions to enable Customs to exercise power of forfeiture over seized suspected pirated copyright works, to enhance its enforcement capability and to facilitate better co-operation with copyright owners and enforcement authorities of other countries.