ENG-2009 — Page 158

110 Commerce and Industry

films, broadcasts, cable programmes and performers' performances irrespective of the domicile of the copyright owners. In line with international practice, there is no requirement to register copyright.

Provisions in the Ordinance are kept under review to ensure they remain relevant and appropriate in present-day circumstances. Legislative changes made in recent years include as a new offence the large-scale making and distribution of infringing copies of books, magazines, newspapers and periodicals on a frequent or regular basis in the course of trade or business, causing a financial loss to the copyright owner. To deal with this new offence, a Copyright (Amendment) Ordinance was enacted in November 2009. It sets clear numeric limits to guide businessmen as to the extent of unauthorised copying and distribution that would trigger criminal liability under the offence.

To meet the challenges brought by advances in technology, the Government put forward a package of refined legislative proposals in November 2009 for strengthening copyright protection in the digital environment. These have been formulated in the light of public feedback received earlier, including inputs from a Tripartite Forum comprising representatives from copyright owners, users and online service providers. The forum was set up in 2008 to consider the best ways in which online service providers could help combat internet piracy. The Government will prepare the necessary legislative amendments with a view to introducing the amendment bill into the Legislative Council in the 2010-11 legislative year.

Enforcement

The Customs and Excise Department is responsible for enforcing criminal sanctions to protect intellectual property rights. It investigates reports of copyright infringement and trade mark counterfeiting; maintains licensing control on all optical disc and stamper factories; and takes action against the manufacture, distribution, sale, import and export of pirated and counterfeit goods and possession for business use. It also combats copyright piracy and illicit activities that take place on the internet involving the sales of counterfeit goods.

In 2009, the department acted on 6 374 piracy cases, with a total of 1 105 people arrested and goods worth $71 million seized. The seized goods were largely pirated optical discs. As a result of the department's sustained and rigorous enforcement actions, piracy activities in Hong Kong were confined to low-level sales activities and manufacturing on a limited scale.

The department also takes rigorous enforcement action against known black spots for selling counterfeit goods, resulting in a significant reduction in such illegal activities. In 2009, the department acted on 1 013 false trade mark cases. Counterfeit goods worth $93 million were seized and 768 people were arrested.

To support the further development of wine trading and distribution businesses in Hong Kong, a dedicated enforcement team was set up in the department in August 2008 to combat possible wine-related counterfeiting activities.