XN000022-1984-01-17 — Page 10

TUESDAY, JANUARY 17, 1984

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HONG KONG LAW ON PROPERTY SOUND

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THERE IS GROWING INTERNATIONAL CONCERN ABOUT THE ENFORCEMENT OF INTELLECTUAL PROPERTY LAWS, IN PARTICULAR THOSE RELATING TO TRADE MARKS AND COPYRIGHT.

THIS WAS STATED BY THE DEPUTY COMMISSIONER OF CUSTOMS AND EXCISE, MR KEITH BROADBRIDGE, TODAY (TUESDAY) WHEN HE ADDRESSED THE ROTARY CLUB OF PENINSULA,

HONG KONG'S LAW IN THIS FIELD IS SOUND, HE SAID.

+FOR EXAMPLE, UNLIKE MANY OTHER JURISDICTIONS, TRADE MARK OFFENCES ARE A MATTER OF CRIMINAL LAW RATHER THAN CIVIL LAW. AND ON COPYRIGHT, IN HONG KONG IT IS FOR THE DEFENDANT TO PROVE THAT HE DOES NOT KNOW THAT COPYRIGHT EXISTS IN AN OFFENDING ARTICLE.

+FROM THE ENFORCERS' POINT OF VIEW, THIS IS AN IMPORTANT REVERSAL OF THE NORMAL BURDEN OF PROOF, HE SAID.

REFERRING TO THE HAWKING OF FAKE BRAND ARTICLES, HE SAID: +HONG KONG HAS AN INTERNATIONAL OBLIGATION TO TAKE ACTION AGAINST SUCH COUNTERFEITERS AND THE THEFT OF A TRADE MARK IS COMPARABLE TO THE THEFT OF ANY OTHER FORM OF PROPERTY.

AND THE CUSTOMS AND EXCISE DEPARTMENT, HE EMPHASISED, IS CAPABLE OF REACTING QUICKLY AND EFFECTIVELY TO ANY COMPLAINT ABOUT A POSSIBLE TRADE MARK, TRADE DESCRIPTION OR COPYRIGHT OFFENCE.

MR BROADBRIDGE SAID THAT IN 1983 THE TRADE CONTROLS INVESTIGATION BRANCH INVESTIGATED 913 TRADE MARK AND TRADE DESCRIPTIONS CASES, SEIZED APPROXIMATELY $21 MILLION WORTH OF GOODS AND THE COURTS IMPOSED FINES OF $2 476 130.

+THIS WAS A RECORD NUMBER OF CASES AND A RECORD VALUE OF GOODS SEIZED. MOST CASES INVOLVED FASHIONWARE OR WATCHES,+ HE SAID.

+ IN 1983 THE COPYRIGHT DIVISION INVESTIGATED 82 COPYRIGHT CASES, SEIZED APPROXIMATELY $1 MILLION WORTH OF GOODS AND THE COURTS IMPOSED FINES TOTALLING $126 000, HE SAID.

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