WORLD TRADE  
ORGANIZATION  IP/N/1/HKG/22 
2 September 2010 
 (10-4546) 
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 12 August 2010,  is being circulated at the request of the 
Delegation of Hong Kong, China.  
 
_______________ 
 
  In accordance with Article 63.2 of the TRI PS Agreement, Hong Kong, China wishes to notify 
the TRIPS Council of recent amendments to Hong Kong,  China’s laws and regulations relating to the 
TRIPS Agreement previously advised under document IP/N/1/HKG/2.   
 
 An Explanatory Note and copies of the Copyright (Amendment) Ordinance 2009 and the Copyright (Amendment) Ordinance 2007 (Comme ncement) Notice 2010 are enclosed herewith. 
  IP/N/1/HKG/22 
Page 2  
 
   
NOTIFICATION TO THE TRIPS COUNCIL BY HONG KONG, CHINA OF AMENDING 
LEGISLATION TO MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED AND LISTED UNDER ANNEX 1 OF IP/N/1/HKG/2 
 
 
BACKGROUND INFORMATION  
 
Name of legislation 
  (a) Copyright (Amendment) Ordinance 2009 (Ord. No.15 of 2009)
1  
  (b) Copyright (Amendment) Ordinance 2007 (Commencement) Notice 2010 (L.N. 68 of 
2010)
2 
 
 
Type of legislation  
 (a) Copyright (Amendment) Ordinance 2009 
 
  - Amendment of the Copyright (Amendment) Ordinance 2007 (Ord. No.15 of 
 2007)
3 and the Copyright Ordinance (Cap 528)  
  (b) Copyright (Amendment) Ordinance 2007 (Commencement) Notice 2010  
  - Appointment of the commencement date of some of the remaining provisions 
 of the Copyright (Amendment) Ordinance 2007
4 as amended by the 
 Copyright (Amendment) Ordinance 2009 
 
 
Date of entry into force 
 
16 July 2010  
 
Purpose of legislation  
 
 ● To enhance copyright protection for works in a printed form as contained in a 
newspaper, magazine, periodical or book ("printed copyright work") by the introduction of a new business end-user criminal offence against copying for distribution or distribution of infringing copies of a printed copyright work on a significant scale.  
 
                                                     
 
1 See document IP/N/1/HKG/C/1/Add.13. 
2 See document IP/N/1/HKG/C/1/Add.14. 
3 See document IP/N/1/HKG/C/1/Add.8. 
4 Most of the provisions of the Copyright (Amendment) Ordinance 2007 came into force on 
6 July 2007, 25 April 2008 and 11 July 2008.  Notificatio ns by Hong Kong, China in respect thereof were made 
under documents IP/N/1/HKG/16, IP/N/1 /HKG/18 and IP/N/1/HKG/19 respectively.   IP/N/1/HKG/22 
 Page 3 
 
 
   ● The purpose of each piece of legislation is set out below -   
  (a) Copyright (Amendment) Ordinance 2009    - To prescribe the numeric limits w ithin which the new business end-user 
 criminal offence will not apply to avoid inadvertent breaches by business 
 end-users; and 
   - To exclude Intranet distribution (except email and fax transmissions) from 
 the scope of the offence, pending formul ation of the numeric limit applicable 
 to such type of distribution in consultation with stakeholders;  
  (b) Copyright (Amendment) Ordinance 2007 (Commencement) Notice 2010    - To appoint 16 July 2010 as the day on which the following provisions of the 
 Copyright (Amendment) Ordinance 2007 shall come into force:  
    (i) section 33
5; 
   (ii) section 36(7);  
   (iii) section 36(8), (9), (10) and (12)6; 
   (iv) section 37;  
   (v) section 38; and  
   (vi) section 39.  
 
 
Contact for enquiries 
 
Ms Fanny Pang Assistant Director Intellectual Property Department Government of Hong Kong, China Tel:  (852) 2961 6840 
Fax:  (852) 2838 6276 
E-mail:  fannypang@ipd.gov.hk   
__________  
                                                     
 
5 The Copyright (Amendment) Ordinance 2009 provides that it would come into operation on the same 
day appointed for the commencement of section 33 of the Copyright (Amendment) Ordinance 2007.  
6 Insofar as it relates to the new section 121(2D) of the Copyright Ordinance.