ENG-2020 — Page 131

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Commerce and Industry

Copyright

The Copyright Ordinance protects original 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 authors and performers. No registration is required to obtain protection. In June, the Copyright (Amendment) Ordinance 2020 came into effect, enhancing copyright exceptions for persons with a print disability to meet the standards under the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled.

Enforcement

The Customs and Excise Department enforces criminal sanctions against the infringement of intellectual property rights. It investigates reports of copyright infringement and trademark 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 the possession of such goods for business use. The department liaises with businesses to investigate cases and promote protection of intellectual property rights.

In addition to targeted raids, officers carry out intensive and high-profile patrols in high-risk areas to deter the peddling of pirated and counterfeit goods, including street sales. In 2020, the department arrested 70 people in 62 piracy cases and confiscated goods, mostly pirated optical discs, worth $980,000. It also seized counterfeit goods worth $109 million and arrested 277 people in 577 cases of forged trademarks.

Public Education

The Intellectual Property Department promotes the value of intellectual property trading and the importance of protecting intellectual property rights. In 2020, nine trade associations with over 1,200 retail merchants, covering more than 6,700 outlets and online shops, took part in its No Fakes Pledge scheme. Through school talks and interactive drama programmes, the department reached out to 40 schools and over 10,800 students.

Intellectual Property Trading

The Intellectual Property Department promotes the commercialisation and trading of intellectual property in Hong Kong and strengthens the territory's role as an intellectual property trading hub in the Asia-Pacific. The department offers free consultation, the Intellectual Property Manager Scheme PLUS and, in collaboration with stakeholders, seminars and training courses. It also showcases success stories of enterprises that engage in intellectual property trading in the GBA, and works with the Department of Justice to promote arbitration and mediation in resolving intellectual property disputes.

Cooperation with Mainland

The Intellectual Property Department works with its Mainland counterparts, including those in the GBA, to promote intellectual property protection, management and trading.

The Customs and Excise Department exchanges experience and information with its Mainland counterparts on the detection and prosecution of intellectual property-related offences.

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