XN000022-1986-06-19 — Page 5

THURSDAY, JUNE 19, 1986

HE POINTED OUT THAT HONG KONG HAD DEVELOPED COMPREHENSIVE LAWS COVERING TRADE MARKS, TRADE DESCRIPTIONS, COPYRIGHT, INDUSTRIAL DESIGNS AND PATENTS AND COMMITTED SUBSTANTIAL RESOURCES TO THE VIGOROUS ENFORCEMENT OF THESE LAWS.

IN FACT, +THE INTELLECTUAL PROPERTY LAWS OF HONG KONG ARE, MORE STRINGENT THAN THE LAWS AND PRACTICES OF MANY COUNTRIES, DEVELOPED AND DEVELOPING, HE EXPLAINED.

+THE TRADE DESCRIPTIONS ORDINANCE, WHICH CAME INTO FORCE ON APRIL 1, 1981, SPECIFICALLY PROHIBITS FALSE TRADE DESCRIPTIONS, FORGED TRADE MARKS AND ANY MIS-STATEMENTS IN RESPECT OF GOODS PROVIDED IN THE COURSE OF TRADE.

+THE LAW MAKES IT AN OFFENCE FOR A PERSON EITHER TO APPLY A FALSE TRADE DESCRIPTION TO GOODS OR TO SUPPLY OR BE IN POSSESSION OF SUCH GOODS FOR THE PURPOSE OF TRADE GENERALLY.

+ IT ALSO PROVIDES FOR THE PROHIBITION AND SEIZURE OF OFFENDING IMPORTS AND EXPORTS.

+ IT CARRIES MAXIMUM PENALTIES OF $100 000 AND IMPRISONMENT FOR TWO YEARS FOR SUMMARY OFFENCES AND $500 000 AND IMPRISONMENT FOR FIVE YEARS FOR INDICATABLE OFFENCES. ALL GOODS SEIZED ARE LIABLE TO FORFEITURE.+

HE SAID A TOTAL OF 288 SEIZURES WERE MADE FROM JANUARY TO APRIL THIS YEAR INVOLVING GOODS VALUED AT $17.2 MILLION UNDER THE TRADE DESCRIPTIONS ORDINANCE AND RESULTED IN PROSECUTION OF 243 PERSONS OR FIRMS.

IN EXPLAINING THE COPYRIGHT ORDINANCE WHICH WAS ENACTED IN MARCH 1973, MR HOWARD SAID IT PROVIDED FOR CRIMINAL SANCTIONS, - WHICH MIGHT BE SOUGHT AGAINST COPYRIGHT PIRACY, AND AFFORDED PROTECTION FOR COPYRIGHT HOLDERS AGAINST INFRINGEMENT OF LITERARY, DRAMATIC, MUSICAL AND ARTISTIC WORKS, SOUND RECORDINGS CINEMATOGRAPH FILMS, TELEVISION AND SOUND BROADCASTS- AND PUBLISHED EDITIONS OF WORK, BOTH LOCAL AND FOREIGN,

+COPYRIGHT PROTECTION AGAINST INFRINGEMENT IS ACCORDED TO INDUSTRIAL DESIGNS WITHOUT REGISTRATION IN HONG KONG,+ HE SAID.

+ANYONE CONVICTED OF POSSESSION OF INFRINGING COPIES FOR THE PURPOSE OF TRADE OR BUSINESS IS LIABLE TO A FINE OF $1 000 FOR EACH INFRINGING COPY AND TO IMPRISONMENT FOR ONE YEAR WHILST THE MAXIMUM PENALTY FOR THE POSSESSION OF PLATES USED OR INTENDED TO BE USED FOR MAKING INFRINGING COPIES IS A FINE OF $50 000 AND IMPRISONMENT FOR TWO YEARS. ALL INFRINGING GOODS AND PLATES SEIZED ARE LIABLE TO FORFEITURE.+

/HE SAID