### Copyright Ordinance 《版權條例》

86. Corresponding design
In sections 87 and 88, a corresponding design (相應外觀設計), in relation to an artistic work, means a design within the meaning of the Registered Designs Ordinance (Cap. 522) which if applied to an article would produce something which would be treated for the purposes of this Part as a copy of the artistic work.
[cf. 1988 c. 48 s. 53(2) U.K.]

87. Effect of exploitation of design derived from artistic work
(1) This section applies where an artistic work has been exploited, by or with the licence of the copyright owner, by—
(a) making by an industrial process articles falling to be treated for the purposes of this Part as copies of the work; and
(b) marketing such articles, in Hong Kong or elsewhere.
(2) After the end of the period of 25 years from the end of the calendar year in which such articles incorporating a registered corresponding design are first marketed, the work may be copied by making articles of any description, or doing anything for the purpose of making articles of any description, and anything may be done in relation to articles so made, without infringing copyright in the work.
(3) After the end of the period of 15 years from the end of the calendar year in which such articles incorporating an unregistered corresponding design are first marketed, the work may be copied by making articles of any description, or doing anything for the purpose of making articles of any description, and anything may be done in relation to articles so made, without infringing copyright in the work.
(4) Where only part of an artistic work is exploited as mentioned in subsection (1), subsection (2) or (3) applies only in relation to that part.
(5) In this section—
(a) registered corresponding design (經註冊的相應外觀設計) means a corresponding design which has been registered under the Registered Designs Ordinance (Cap. 522);
(b) unregistered corresponding design (未經註冊的相應外觀設計) means a corresponding design which has not been registered under the Registered Designs Ordinance (Cap. 522), and includes a corresponding design which is not registrable under that Ordinance;
(c) references to articles do not include films;
(d) references to the marketing of an article are to its being sold or let for hire or offered or exposed for sale or hire.
[cf. 1988 c. 48 s. 52 U.K.]

### Copyright Ordinance 《版權條例》

88. Things done in reliance on registration of design
The copyright in an artistic work is not infringed by anything done—
(a) in pursuance of an assignment or licence made or granted by a person registered under the Registered Designs Ordinance (Cap. 522) as the registered owner of a corresponding design; and
(b) in good faith in reliance on the registration and without notice of any proceedings for the cancellation of the registration or for rectifying the relevant entry in the register of designs,
and this is so notwithstanding that the person registered as the registered owner was not the owner of the design for the purposes of that Ordinance.
[cf. 1988 c. 48 s. 53(1) U.K.]

88A. Definitions
In this Division—
code of practice (《實務守則》) means the code of practice published by the Secretary for Commerce and Economic Development under section 88J;
complainant (投訴人), in relation to a notice of alleged infringement given to a service provider, means the person who gives the notice;
counter notice (異議通知) means a notice given to a service provider under section 88E(1) in relation to an alleged copyright infringement;
notice of alleged infringement (指稱侵權通知) means a notice given to a service provider under section 88C(1) in relation to an alleged copyright infringement;
online service (聯線服務) has the meaning given by section 65A(2) but does not include any service provided through an intranet;
personal data (個人資料) has the meaning given by section 2(1) of the Personal Data (Privacy) Ordinance (Cap. 486);
service platform (服務平台), in relation to a service provider, means a system or network controlled or operated by or for the provider that is accessible to users of the online services provided by the provider;
service provider (服務提供者) has the meaning given by section 65A(2);
standard technical measure (標準技術措施) means any technical measure generally accepted by the industry that—(a) is used to identify or protect copyright works;
(b) has been developed through an open, voluntary process by a broad consensus of copyright owners and service providers;
(c) is available to any person on reasonable and non-discriminatory terms; and
(d) does not impose substantial costs on service providers or substantial burdens on the systems or networks controlled or operated by or for service providers.

### Copyright Ordinance 《版權條例》

88G. Civil liability for making false statements
(1) A person who makes any statement in a notice of alleged infringement or counter notice that the person knows to be false, or does not believe to be true, in a material respect, is liable in damages to any person who suffers loss or damage as a result of the making of the statement.
(2) In this section—
loss or damage (損失或損害), in relation to a statement, means loss or damage that is actual and reasonably foreseeable as likely to result from the making of the statement.

### Copyright Ordinance 《版權條例》

88I. Evidence of compliance with conditions
In an action relating to the liability of a service provider, if the provider adduces evidence tending to show that the provider has complied with—
(a) a condition described in section 88B(2); or
(b) a condition specified in the code of practice,
the court must presume, in the absence of evidence to the contrary, that the provider has complied with that condition.

88J. Code of practice
(1) The Secretary for Commerce and Economic Development may publish in the Gazette a code of practice for providing practical guidance to service providers in respect of this Division.
(2) Without limiting subsection (1), the Secretary may in the code of practice specify—
(a) the procedures for giving a notice of alleged infringement or counter notice, including—
(i) the forms of, and the information to be contained in, the notice;
(ii) the manner of sending the notice; and
(iii) the manner of verification of statements in the notice; and
(b) the course of action that a service provider may adopt on receiving a notice of alleged infringement or counter notice.
(3) In any proceedings, if the court is satisfied that a provision of the code of practice is relevant to determining a matter that is in issue in the proceedings—
(a) the code of practice is admissible in evidence in the proceedings; and
(b) proof that a person contravened or did not contravene the provision may be relied on as tending to establish or negate that matter.
(4) The Secretary may amend the code of practice in a manner consistent with the Secretary’s power to publish the code, and a reference to the code in this Division is to be construed as including a reference to the code as so amended.
(5) Neither the code of practice, nor any amendment made to it, is subsidiary legislation.