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Fifthly, to prevent abuse of copyright which might hinder the freedom of expression, access to information, educational activities, cultural development, public administration and other uses of copyright material for public interest, there are provisions in the Copyright Bill for permitted acts. These include general permitted acts for fair dealing for research and private study; for criticism, review and news reporting; and for the incidental inclusion of copyright material in artistic works, sound recordings, films, broadcasts and cable programs. There are also permitted acts for specific purposes which are in the public interest. For example, copying and reproduction of copyright works and material are permitted, under specified circumstances, for purposes relating to education, library and archives, public administration, etc.

Sixthly, we propose to institute a voluntary registration system for collective copyright administration societies. There are advantages in the collective administration of copyright, and this is also the international trend. Existing collective copyright administration societies have been operating successfully in Hong Kong. Under the voluntary system proposed, collective copyright administration societies coming forward to register will be required to file the necessary information essential for prospective copyright users, such as scales of royalty charges. We believe that such a voluntary registration system will be effective in Hong Kong as existing collective copyright administration societies have indicated support to the proposed system. Those who fail to register will be under no penalty, but will find themselves at a distinct disadvantage in the market due to lack of official recognition. We also propose to expand the jurisdiction of the Copyright Tribunal to include powers to determine disputes arising from licensing by the collective copyright administration societies under licensing schemes or in individual cases.

Lastly, in order to enforce intellectual property rights more effectively in Hong Kong and particularly to combat copyright piracy, we propose to double the maximum penalties on first conviction for the possession of pirated copyright products for the purpose of trade or business and plates for making pirated copyright products. We propose to introduce modified procedural provisions to facilitate proof of copyright subsistence and ownership. We also propose 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.

The protection of copyright and other forms of intellectual property rights is vitally important for Hong Kong. Without an effective intellectual property regime, we would not be able to foster creativity, attract foreign investment, engender technology transfer, and facilitate further growth of international trade. This is why the Hong Kong Government will leave no stone unturned in going after those that engage in piracy activities. This is why we need a copyright protection regime of international standard in Hong Kong.

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