ENG-1997 — Page 161

TRADE AND INDUSTRY

enhanced to cover copyright works and performances made available to the public through the Internet or similar digital environments. Parallel imported articles attract criminal and civil liabilities under certain conditions. Extra-copyright technological provision have been introduced, imposing civil liabilities on commercial dealings with devices designed to circumvent copy-protection and any tampering with electronic rights-management information. Special copyright exceptions are permitted only to the extent that they do not conflict with a normal exploitation of the work or performances nor do they unreasonably prejudiced the legitimate interests of rights owners. The moral rights of paternity and integrity for authors of works are also protected.

On civil and criminal remedies, Hong Kong has reinforced its proof facilitation provisions to make them more user-friendly. Border measures continue to be available in the case of civil suits. Criminal penalties have been doubled; the selling of infringing copies attracts a maximum fine of $50,000 (per copy) and up to four years' imprisonment. Customs Officers have also been given extra powers to seize suspected infringing copies. Separately, a consultation paper on the 'Prevention of Copyright Piracy Bill' has been issued. It seeks to introduce a mandatory registration system of businesses manufacturing optical discs and to require such optical discs to be permanently embossed with the manufacturer's code.

Public Education

Recognising the importance of long-term educational efforts to raise public awareness of and respect for intellectual property rights, the Intellectual Property Department works with the Hong Kong Intellectual Property Society and other private intellectual property institutions. Activities such as seminars and school visits were launched during the year.

Participation in International Organisations

Staff from the Intellectual Property Department regularly participate in international and regional intellectual property symposiums and conferences to keep abreast of international developments in intellectual property standards and norms.

Consumer Council

Established in 1974, the Consumer Council is a statutory body charged with the responsibility for protecting and promoting the interests of consumers of goods, services and immovable property. Its chairman, vice-chairman and 20 members are appointed by the government from a wide cross-section of the community. The council forms committees and working groups to deal with specific consumer- protection tasks.

The council's office is headed by a chief executive with a staff of 114. It has seven functional divisions: administration, complaints and advice, information and publication, legal affairs, research and testing, survey and trade practices. The council's activities range from developing new consumer protection initiatives to conducting studies on the state of competition and trade practices of various business sectors. It mediates in consumer disputes, disseminates information and advice and organises consumer education activities. It also tests products, conducts in-depth studies and surveys and studies and responds to consultation papers and reports on consumer-related issues.

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