Copyright

The Copyright Ordinance came into force on 27th June, 1997. Before the enactment of this legislation copyright law in Hong Kong was derived from the UK Copyright Act 1956, which had been extended to Hong Kong. In 1988 the Copyright Act 1956 was replaced in the UK by the Copyright, Designs and Patents Act 1988 (CDPA). The CDPA was not extended to Hong Kong in view of the impending change of sovereignty and the need localization.

The new copyright regime is designed to reflect international standards of copyright protection and deal with local circumstances. The Ordinance is a substantial and complex piece of legislation with 281 clauses and 5 schedules.

The new legislation has expanded the qualification for copyright protection, such that all original works created by any person, or published anywhere in the world, qualify for protection in Hong Kong. The Government has retained the power to deny copyright protection to the works of authors from countries which do not give adequate reciprocal protection to Hong Kong works.

The acts restricted by the legislation have also been expanded to cover new technologies. Primary infringement now includes copying the whole or a substantial part of a work in Hong Kong, issuing copies of the work to the public, renting copies of computer programs and sound recordings to the public, as well as making copies of works available on the Internet.

Secondary infringement of copyright has also been expanded and now includes making, importing, possessing or dealing with infringing copies and providing the means for making infringing copies.

Remedies for infringement include injunctions, delivery up, damages or an account of profits. In addition to civil remedies the new Ordinance imposes criminal liability for making, importing, exporting, possessing or selling infringing copies of a work or articles adapted for making infringing copies of a work. Offenders are liable to a fine of up to HK$500,000 and imprisonment for up to 8 years.

The Ordinance also gives authorized officers broad powers to search premises, stop, board and search vessels and vehicles in which the officer suspects there are infringing copies of a work or articles designed or adapted to make infringing copies of a work.