WORLD TRADE  
ORGANIZATION  IP/N/1/HKG/16 
7 April 2008 
 
 (08-1538) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
HONG KONG, CHINA 
 
  The following communication, dated 27 July 2007, is being circulated at the request of the Delegation of Hong Kong, China. 
 
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  In accordance with Article 63.2 of the TRI PS Agreement, Hong Kong, China wishes to notify 
the Council for Trade-Related Aspects of Intell ectual Property Rights of recent amendments to 
Hong Kong, China’s laws and regul ations relating to the TRIPS Ag reement previously advised under 
document IP/N/1/HKG/2. 
  An explanatory note and a copy of the Copyright (Amendment) Ordinance 2007 are enclosed.   
  
 
     
 
    
 
    
 
     
 
 IP/N/1/HKG/16 
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NOTIFICATION TO THE TRIPS COUNCIL BY HONG KONG, CHINA 
OF AMENDING LEGISLATION TO MAIN DEDICATED INTELLECTUAL 
PROPERTY LAWS AND REGULATIONS NOTIFIED 
AND LISTED IN ANNEX I OF IP/N/1/HKG/2 
 
 BACKGROUND INFORMATION  
Name of legislation 
 
 Copyright (Amendment) Ordinance 2007 (Ord. No. 15 of 2007)
1 
 
Type of legislation 
 
- Amendment of the Copyright Ordinance (Cap. 528) 
 
- Repeal of the Copyright (Suspension of Amendments) Ordinance 2001 (Cap. 568) 
 
Date of entry into force 
 
- The following provisions of the Copyright (Amendment) Ordinance 2007 came into 
force on 6 July 2007: 
  Sections 1 to 5, 6(1)2, 6(3), 7 to 30, 31(1) to (4). 31(6) to (13) 32. 34. 35. 36(1) to (6). 
36(8)3, 36(9)3, 36(10)3, 36(11), 36(12)3, 40 to 46, 47(1). 47(2)4, 47(3) to (6), 48, 50, 
52, 55 to 57, 59, 61 to 65, 71 to 74, 755, 76 to 78. 
 
- The remaining provisions will come into force on a day to be notified by notice 
published in the Gazette. 
 
Purpose of legislation 
 
 The purpose of the provisions in the Copyri ght (Amendment) Ordinance 2007 that came into 
force on 6 July 2007 is as follows: 
 
(a) maintain the existing scope of the business and-user criminal liability relating to 
possession of infringing copies of copyright work s for use in business to four categories 
of works (namely, computer programs, movies, television dr amas and musical 
recordings); 
 (b) improve the copyright exemption system by providing new permitted acts for the 
education sector and persons with a print di sability and making minor amendments to the 
existing permitted acts; 
 
 
                                                     
 
1 See document IP/N/1/HKG/C/1/Add.8. 
2 Except insofar as it relates to the new section 25(1)(c), (d), (e) and (f) of the Copyright Ordinance. 
3 Except insofar as it relates to the new section 121 (2D) of the Copyright Ordinance. 
4 Except insofar as it relates to paragraphs (c), (d), (e) and (f) of the new definition of « rental right » in 
section 198(1) of the Copyright Ordinance. 
5 Except insofar as it relates to Parts 3 and 4 of the new Schedule 7 to the Copyright Ordinance.  IP/N/1/HKG/16 
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  (c) relax certain prohibitions against importa tion and use of parallel imported copies of 
copyright works by business end-users and shorten the period in respect of which trading in parallel imported copies of copyright wo rks would incur criminal liability; and 
 (d) enhance enforcement effici ency and effectiveness. 
 
 The objective of the other provisions that will co me into force later is to enhance copyright 
protection through the introduction of the following rights and liabilities: 
 
(a) a new business end-user criminal offence agai nst copying for distribution or distribution 
of infringing copies of copyright works in four types of printed works (namely, books, 
magazines, periodicals or newspapers) on a significant scale; 
 (b) new criminal liability on directors and part ners whose organizati ons have committed the 
business en-user offences relating to possession or copying and distribution of infringing 
copies; 
 (c) additional civil remedies and, in certain circumstances, new criminal offences relating to 
circumvention of technological measures (used to protect copyright works) and the trading of circumvention devices; 
 
(d) new rental rights for films and comic books; and 
 
(e) new moral and rental rights for performers a nd new rental rights for the right owners of 
the underlying works in sound recordings in line with the requirements of the World 
Intellectual Property Organization (“WIPO) Copyright Treaty and WIPO Performances 
and Phonograms Treaty.  
 
Contact for enquiries 
 
 Ms. Pancy Fung  Assistant Director 
 Intellectual Property Department 
 Government of Hong Kong, China  Tel: (852) 2961 6802  Fax: (862) 2838 6276  E-mail: pancy.fung@ipd.gov.hk 
 
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