ENG-2007 — Page 162

118 Commerce and Industry

Patents

The Patents Ordinance provides for the grant of standard patents based on patents granted in the State Intellectual Property Office of China, the United Kingdom Patent Office or the European Patent Office (in respect of patents designating the United Kingdom). It also provides for the grant of short-term patents, which may be registered following local formality examination procedures. In 2007, the Patents Registry received 13 766 standard patent applications and 4 839 were granted. There were also 599 short-term patent applications and 492 were granted.

Registered Designs

The Registered Designs Ordinance provides for the registration of designs in the HKSAR. In 2007, the Designs Registry received 3 254 applications for the registration of 5 568 designs, including 2 515 single-design applications and 739 multiple-design applications. During the year, 5 804 designs were registered.

Copyright

The Copyright Ordinance provides protection for literary, dramatic, musical and artistic works, typographical arrangements of published editions, sound recordings, films, broadcasts, cable programmes and performers' performances irrespective of the domicile of the copyright owners. In line with international standards, there is no requirement to register copyright.

Public consultation on 'Copyright Protection in the Digital Environment' ended in April. Issues covered in the consultation included legal liability for unauthorised uploading and downloading of copyright works, protection of copyright works. transmitted to the public via all forms of communication technology, the role of online service providers in relation to combating online piracy, how best to facilitate copyright owners in taking civil actions against online infringement, whether or not to introduce statutory damages for copyright infringement, and copyright exemption for temporary reproduction of copyright works. The Government is taking forward the review with a view to releasing the preliminary proposals in 2008.

In June, the Copyright (Amendment) Ordinance 2007 was passed by the Legislative Council. The amendment ordinance introduced measures, which came into force in July, for improving the copyright exemption regime, and further relaxing the use of parallel imports of copyright works. The amendment ordinance also introduced other provisions which would come into force in a phased manner. They included new business end-user criminal liability for copyright infringement, prohibitions against circumvention of technological measures that protect copyright works and performances and rental rights for films and comic books.

Enforcement

The Customs and Excise Department is responsible for enforcing criminal sanctions for the protection of intellectual property rights. It investigates reports of copyright infringement and trade mark counterfeiting, and takes action against the manufacture, distribution, sale, import and export of pirated and counterfeit goods and possession for business use of certain copyrighted works.