WORLD TRADE  
ORGANIZATION  IP/N/1/HKG/19 
6 August 2008 
 
 (08-3722) 
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 1 August 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) (No.3) Notice 2008 and Copyright (Amendment) Ordinance 2007 (Commencement) (No.4) Notice 2008 are enclosed.   
 
     
 
    
 
    
 
     
 
 IP/N/1/HKG/19 
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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 (Commencement) (No.3) Notice 2008 (L.N. 141 
of 2008)
1 
 
• Copyright (Amendment) Ordinance 2007 (Commencement) (No.4) Notice 2008 (L.N. 142 
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 
 
11 July 2008 
 
Purpose of legislation 
 
• To announce that sections 31(5), 684 and 695 of the Copyright (Amendment) Ordinance 2007 
came into force on 11 July 2008.  
 
• The purpose of the above provisions is to enhance copyright protection through the 
introduction of the following liabilities:  
 
(a) new criminal liability on directors and pa rtners whose organizations have done acts 
attracting the business end-user offence relating to possession of infringing copies of 
computer programs, movies, television dramas or musical recordings for use in business; and 
 (b) new civil liability against any person who circumvents a technological measure used 
for copyright protection.  
                                                     
 
1 See document IP/N/1/HKG/C/1/Add.11. 
2 See document IP/N/1/HKG/C/1/Add.12. 
3 Most of the provisions of the Copyright (Amendment) Ordinance 2007 came into force 
on 6 July 2007 and 25 April 2008. Notifications by Hong Kong, China in respect thereof were made under documents IP/N/1/HKG/16 and IP/N/1/HKG/18 respectively. 
4 To the extent that the new section 273 of the Copyright Ordinance relates to the interpretation of the 
new sections 273A and 273D of the Copyright Ordinance. 
5 Insofar as it relates to (i) the addition of new sections 273A and 273D of the Copyright Ordinance; 
(ii) section 273G of the Copyright Ordinance to the extent  that it relates to the new sections 273A(1), (2), (3) 
and (4) and 273D of the Copyright Ordinance; and (iii) se ction 273H of the Copyright Ordinance (insofar as it 
relates to the nex section 273A and section 273G of the Copyright Ordinance (to the extent referred to in 
paragraph (ii) above)).  IP/N/1/HKG/19 
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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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