TNAG-2864-FCO40-4118-International-Covenant-on-Economic--Social-and-Cultural-Righ-1993 — Page 29

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26. The Hong Kong Government is aware of the need to prevent the use of scientific and technical progress for purposes which are contrary to the enjoyment of human rights. The Bill of Rights Ordinance enacted in June 1991 provides, inter alia, that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment and, in particular, that no one shall be subjected without his free consent to medical or scientific experimentation. The Law Reform Commission is currently examining the law relating to information privacy. A consultation document on data protection will be released for public comment in early 1993.

C.

27.

Protection of the Interests of Authors (paragraph 1(c))

In recognising the right of everyone in Hong Kong to benefit from the protection of the moral and material interests resulting from any scientific literary or artistic production of which he is the author, the United Kingdom has extended the application in Hong Kong of the main international treaties on intellectual property rights, namely, the revised Paris Conventions for the Protection of Industrial Property 1883-1967, the revised Berne Conventions for the protection of literary and artistic works 1886-1948, the revised Universal Copyright Conventions and Protocols 1952-1971, and the Convention for the Protection of Producers of Phonograms Against Unauthorised Duplication of Their Phonograms.

28. Hong Kong has a comprehensive legal framework in protecting intellectual property rights. They are:

(a) In relation to scientific production, the Registration

of Patents Ordinance provides for the registration in Hong Kong of United Kingdom patents for inventions granted under the Patents Acts 1949-1977 and of European patents designating the United Kingdom under the Convention on the grant of European Patents 1973. Anyone who has registered a patent in Hong Kong can take legal action on infringement of his patent.

(b)

(c)

Trade marks indentifying the goods which carry them can be registered in Hong Kong under the Trade Marks Ordinance. With effect from 2 March 1992, the registration will be expanded to services: vide the Trade Marks (Amendment) Ordinance 1991. Unregistered trade marks can also be protected under the common law.

The expression of an author's literary and artistic creativity is protected by copyright. The United Kingdom Copyright Act 1956 (as amended) which applies to Hong Kong, together with the Hong Kong Copyright Ordinance, is the basic legal source of copyright protection and enforcement in Hong Kong.