WORLD TRADE
ORGANIZATIONIP/N/1/HKG/7
31 January 2003
(03-0644)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 63.2 OF THE AGREEMENT
HONG KONG, CHINA
The following communication, dated 7 August 2002, has been received from the Permanent
Mission of Hong Kong, China.
_______________
In accordance with Article 63.2 of the TRIPS Agreement, Hong Kong, China wishes to notify
the Council on Trade-Related Aspects of Intellectual Property Rights of recent amendments to
Hong Kong, China’s laws and regulations relating to the TRIPS Agreement previously advised underdocument IP/N/1/HKG/2.
Six explanatory notes are attached.Copies of the texts of these amending laws and regulations are enclosed.IP/N/1/HKG/7
Page 2
NOTIFICATION TO TRIPS COUNCIL BY HONG KONG, CHINA
OF AMENDING LEGISLATION TO MAIN DEDICATED IP LAWS AND REGULATIONS
LISTED IN ANNEX 1 OF DOCUMENT IP/N/1/HKG/2
BACKGROUND INFORMATION
Name of legislation
Layout-Design (Topography) of Integrated Circuits (Designation of Qualifying Countries,
Territories or Areas) Regulation (L.N. 67 of 2002)1
Type of legislation
Replacing the existing Layout-Design (Topography) of Integrated Circuits (Designation of
Qualifying Countries, Territories or Areas) Regulation (Cap. 445 sub. Leg.) by a new
Regulation.
Date of entry into force
11 July 2002
Purpose of legislation
To update the list of qualifying countries, territories or areas for meeting the international
obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights of
affording the same level of intellectual property protection for layout-designs (topographies)
to citizens of other WTO Member countries, territories or areas, as to citizens of Hong Kong,
China.
Contact for enquiries
Ms. Ada Leung
Assistant Director
Intellectual Property Department
Government of Hong Kong, China
Tel.: +852 2961 6823
Fax: +852 2838 6276E-mail: ada.leung@ipd.gov.hk
                                                     
1 See document IP/N/1/HKG/L/3.IP/N/1/HKG/7
Page 3
NOTIFICATION TO TRIPS COUNCIL BY HONG KONG, CHINA
OF AMENDING LEGISLATION TO MAIN DEDICATED IP LAWS AND REGULATIONS
LISTED IN ANNEX 1 OF DOCUMENT IP/N/1/HKG/2
BACKGROUND INFORMATION
Name of legislation
Registered Designs Ordinance (Amendment of Schedule) Regulation 2002 (L.N. 65 of 2002)2
Type of legislation
Amendment of the Schedule to the Registered Designs Ordinance (Cap. 522)
Date of entry into force
11 July 2002
Purpose of legislation
To update the list of Paris Convention countries and the list of WTO Member countries,
territories or areas for meeting the international obligations under the Paris Convention and
the Agreement on Trade-Related Aspects of Intellectual Property Rights of affording to a
person who has filed an application for registration of an industrial design in a Paris
Convention country or a WTO Member country, territory or area a right of priority during a
prescribed period for the purpose of filing the same application in Hong Kong, China.
Contact for enquiries
Ms. Ada Leung
Assistant Director
Intellectual Property DepartmentGovernment of Hong Kong, China
Tel.: +852 2961 6823
Fax: +852 2838 6276
E-mail: ada.leung@ipd.gov.hk
                                                     
2 See document IP/N/1/HKG/D/1/Add.2.IP/N/1/HKG/7
Page 4
NOTIFICATION TO TRIPS COUNCIL BY HONG KONG, CHINA
OF AMENDING LEGISLATION TO MAIN DEDICATED IP LAWS AND REGULATIONS
LISTED IN ANNEX 1 OF DOCUMENT IP/N/1/HKG/2
BACKGROUND INFORMATION
Name of legislation
Trade Marks Ordinance (Amendment of Schedule) Order 2002 (L.N. 68 of 2002)3
Type of legislation
Amendment of the Schedule to the Trade Marks Ordinance (Cap. 43)
Date of entry into force
11 July 2002
Purpose of legislation
To update the list of Paris Convention countries and the list of WTO Member countries,
territories or areas for meeting the international obligations under the Paris Convention and
the Agreement on Trade-Related Aspects of Intellectual Property Rights of affording to a
person who has filed an application for registration of a trademark in a Paris Convention
country or a WTO Member country, territory or area a right of priority during a prescribed
period for the purpose of filing the same application in Hong Kong, China.
Contact for enquiries
Ms. Ada Leung
Assistant DirectorIntellectual Property Department
Government of Hong Kong, China
Tel.: +852 2961 6823
Fax: +852 2838 6276
E-mail: ada.leung@ipd.gov.hk
                                                     
3 See document IP/N/1/HKG/I/1/Add.1.IP/N/1/HKG/7
Page 5
NOTIFICATION TO TRIPS COUNCIL BY HONG KONG, CHINA
OF AMENDING LEGISLATION TO MAIN DEDICATED IP LAWS AND REGULATIONS
LISTED IN ANNEX 1 OF DOCUMENT IP/N/1/HKG/2
BACKGROUND INFORMATION
Name of legislation
Patents Ordinance (Amendment of Schedule) Order 2002 (L.N. 66 of 2002)4
Type of legislation
Amendment of Schedule 1 to the Patents Ordinance (Cap. 514)
Date of entry into force
11 July 2002
Purpose of legislation
To update the list of Paris Convention countries and the list of WTO Member countries,
territories or areas for meeting the international obligations under the Paris Convention and
the Agreement on Trade-Related Aspects of Intellectual Property Rights of affording to a
person who has filed an application for registration of a patent in a Paris Convention country
or a WTO Member country, territory or area a right of priority during a prescribed period for
the purpose of filing the same application in Hong Kong, China.
Contact for enquiries
Ms. Ada Leung
Assistant DirectorIntellectual Property Department
Government of Hong Kong, China
Tel.: +852 2961 6823
Fax: +852 2838 6276
E-mail: ada.leung@ipd.gov.hk
                                                     
4 See document IP/N/1/HKG/P/1/Add.3.IP/N/1/HKG/7
Page 6
NOTIFICATION TO TRIPS COUNCIL BY HONG KONG, CHINA
OF AMENDING LEGISLATION TO MAIN DEDICATED IP LAWS AND REGULATIONS
LISTED IN ANNEX 1 OF DOCUMENT IP/N/1/HKG/2
BACKGROUND INFORMATION
Name of legislation
Copyright (Suspension of Amendments) Ordinance 2001 (Amendment) Notice 2002
(L.N. 130 of 2002)5
Type of legislation
Amendment of the Copyright (Suspension of Amendments) Ordinance 2001 (Cap. 568)
Date of entry into force
19 July 2002
Purpose of legislation
To extend the validity period of the suspension arrangements6 under the Copyright
(Suspension of Amendments) Ordinance 2001 by 12 months till 31 July 2003 pending
introduction of an amendment Bill into the Legislative Council to make the suspension
arrangements permanent.
Contact for enquiries
Ms. Ada Leung
Assistant Director
Intellectual Property Department
Government of Hong Kong, ChinaTel.: +852 2961 6823
Fax: +852 2838 6276
E-mail: ada.leung@ipd.gov.hk
                                                     
5 See document IP/N/1/HKG/C/1/Add.4.
6 The main effect of the suspension arrangements is that the Copyright Ordinance as amended by the
Intellectual Property (Miscellaneous Amendments) Ordinance 2000 will continue to apply, with a slightly
narrowed scope, to computer programs, movies, television dramas and musical recording.  As a result, anyone
who knowingly possesses an infringing copy of these four categories of works for the purpose of or in thecourse of any trade or business may be criminally liabl e.  For copyright works other than these four categories,
the criminal provisions will revert to the position before the amendments took effect on 1 April 2001.  Fordetails of the suspension arrangements, please refer to our  notification in July 2001 on the Intellectual Property(Miscellaneous Amendments) Ordinance 2000 and the Copyright (Suspension of Amendments) Ordinance
2001.IP/N/1/HKG/7
Page 7
NOTIFICATION TO TRIPS COUNCIL BY HONG KONG, CHINA
OF AMENDING LEGISLATION TO MAIN DEDICATED IP LAWS AND REGULATIONS
LISTED IN ANNEX 1 OF DOCUMENT IP/N/1/HKG/2
BACKGROUND INFORMATION
Name of legislation
Prevention of Copyright Piracy Ordinance (Amendment of Schedule 1) Order 2002
(L.N. 51 of 2002)7
Type of legislation
Amendment of Schedule 1 to the Prevention of Copyright Piracy Ordinance (Cap. 544)
Date of entry into force
19 July 2002
Purpose of legislation
To enhance our efforts in combating copyright piracy, we amended Schedule 1 to the
Prevention of Cpyright Piracy Ordinance (Cap. 544) by adding “stamper8” to the list of
“optical discs”.  As a result, a person must obtain a licence for manufacturing stampers in
Hong Kong, China, in the same way as for other optical discs currently in force.  Each
stamper must bear a manufacturer’s code.  The maximum penalty for manufacturing stampers
in Hong Kong, China without a licence is a fine of $1 million and four years imprisonment.
Contact for enquiries
Ms. Ada Leung
Assistant Director
Intellectual Property Department
Government of Hong Kong, China
Tel.: +852 2961 6823
Fax: +852 2838 6276E-mail: ada.leung@ipd.gov.hk
__________
                                                     
7 See document IP/N/1/HKG/C/2/Add.3.
8 Stamper is a special type of optical disc and is used as master disc for the mass production of
common optical discs.  Stamper is an essential tool for the illegal production of optical discs containing pirated
copyright works such as computer software, music and films.