WORLD TRADE  
ORGANIZATION  IP/N/1/HKG/18 
26 May 2008 
 
 (08-2436) 
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 14 May 2008, 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 (Commencement) Notice 2008 and Copyright (A mendment) Ordinance 2007 (Commencement) 
(No.2) Notice 2008 are enclosed.   
 
     
 
    
 
    
 
     
 
 IP/N/1/HKG/18 
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 IN ANNEX I OF IP/N/1/HKG/2 
 
 BACKGROUND INFORMATION 
 
Name of legislation 
 
• Copyright (Amendment) Ordinance 2007 (Commencement) Notice 2008 (L.N. 47 of 2008)
1 
 
• Copyright (Amendment) Ordinance 2007 (Commencement) (No. 2) Notice 2008 (L.N. 48 
of 2008)2 
 
Type of legislation 
 
Announcing the commencement of some of the remaining provisions of the Copyright 
(Amendment) Ordinance 2007.3 
 Date of entry into force  
25 April 2008 
 
Purpose of legislation 
 
• To announce that the following provisions of the Copyright (Amendment) Ordinance 2007 
came into force on 25 April 2008: Sections 6(1)
4, 47(2)5, 49, 51, 53, 54, 58, 60, 66, 67, 686, 
697, 70 and 758. 
 
                                                      
1 See document IP/N/1/HKG/C/1/Add.9. 
2 See document IP/N/1/HKG/C/1/Add.10. 
3 Most of the provisions of the Copyright (Amendment) Ordinance 2007 came into force 
on 6 July 2007 and notification by Hong Kong, China in respect thereof was made under document IP/N/1/HKG/16. 
4 Insofar as it relates to the new section 25(1)(c) and (d) of the Copyright Ordinance. 
5 Insofar as it relates to paragraphs (c) and (d) of the new definition of "rental right" in section 198(1) 
of the Copyright Ordinance. 
6 Except to the extent that the new section 273 relates to the interpretation of the new sections 273A 
and 273D of  the Copyright Ordinance. 
7 Insofar as it relates to the addition of (i) the new sections 273B, 273C, 273E and 273F; (ii) the new 
section 273G (except to the extent that it relates to th e new sections 273A(1), (2), (3) and (4) and 273D); and 
(iii) the new section 273H (insofar as it relates to the ne w sections 273B and 273C and the new section 273G (to 
the extent that it is in operation). 
8 Insofar as it relates to (i) Part 3 of the new Schedule 7 to the Copyright Ordinance (but only to the 
extent that Part 3 of the new Schedule 7 relates to the transitional provisions and savings in relation to the amendments effected by (a) section 6 (insofar as it rela tes to the new section 25(1)(c) and (d) of the Copyright 
Ordinance) and (b) section 51); and (ii) Part 4 of the new Schedule 7 to the Copyright Ordinance.  IP/N/1/HKG/18 
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  • The purpose of the above provisions is to in troduce the following rights and liabilities for 
copyright protection:  
 
(a) new rental right for films; 
 
(b) new moral and rental rights for performers and 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; and 
 (c) additional civil remedies and, in certain circumstances, new criminal offences relating 
to the trading of circumvention devices and provision of circumvention services.  
 
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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