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The Government's commitment to protecting intellectual property rights
is evidenced by its dynamic legislative programme, vigorous law enforcement
and continuous public education. Hong Kong has in place an intellectual
property regime which is in full compliance with international standards.
Registration activities have taken on a new focus to deliver Internet
online search for trade marks (available since January 2003), patents
and designs (to be launched in the first quarter of 2004). By November
2003, 10 months into online search of trade marks, the United States emerged
as the top user of this search service. Registration in a 90 per cent
paperless environment and online filing for trade marks, patents and designs
is scheduled to be in place by the first quarter of 2004.
Another focus for registration activities is customer
relationship management. Forty-five briefings, workshops, 'walk-throughs'
and visits were conducted for filers and stakeholders.
The Trade Marks Registry is responsible for the registration of trade
marks in respect of goods and services. On April 4, 2003, the new Trade
Marks Ordinance came into effect. The new ordinance increases the range
of signs that can serve as trade marks and simplifies the registration
procedures. More user-friendly features such as multi-class applications,
reduction of the number of forms from 42 to 15 have also been introduced.
In addition, there has been a substantial reduction in registration fees.
In 2003, 20 382 applications were received,
comprising 16 017 single-class applications and 4 365
multiple-class applications. During the period, 20 359 marks
were registered, an increase of 25.4 per cent compared with 16 240
in 2002. Out of the total of 80 countries filing applications, the principal
places from which applications originated were:
|
 HK,
China
|
7 374 |
|
USA |
3 489 |
|
Japan |
2 116 |
|
Germany |
969 |
|
China |
888 |
|
|
|
France |
758 |
|
United
Kingdom |
680 |
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Switzerland |
547 |
|
British
Virgin Islands |
475 |
|
Italy |
319 |
|
The register had a total of 171 140marks as at December 31, 2003.
The Patents Ordinance provides for the grant of standard patents based
on patents granted in the State Intellectual Property Office of China,
the United Kingdom Patent Office or the European Patent Office (in respect
of patents designating the United Kingdom). It also provides for the grant
of short-term patents. In 2003, the Patents Registry received 9 102 standard
patent applications and 3 075 were granted. During the period, there were
also 398 applications for grant of short-term patents, and 335 were granted.
The Registered Designs Ordinance enables designs to be registered independently
in the HKSAR. In 2003, the Designs Registry received 2 339 applications
for registration of 3 327 designs, comprising 1 933 single-design applications
and 406 multiple-design applications. During the period, 3 310 designs
were registered.
The Copyright Ordinance provides protection for literary, dramatic, musical
and artistic works, typographical arrangements of published editions,
sound recordings, films, broadcasts, cable programmes, and performers'
performances irrespective of the domicile of the copyright owners. In
line with international standards, there is no requirement to register
copyright.
The Copyright (Amendment) Ordinance 2003, which took
effect on November 28, removed civil and criminal liabilities pertaining
to parallel importation of and subsequent dealing in articles commonly
known as computer software products. However, if the principal attraction
of a computer software product is musical or visual recordings, movies,
television dramas, e-books, or a combination of them, then restrictions
continue to apply.
The Customs and Excise Department is responsible for enforcing the criminal
sanctions for the protection of copyright and trade marks. It investigates
reports of copyright infringement and trade mark counterfeiting, and takes
action against the manufacture, distribution, sale, import and export
of pirated and counterfeit goods. The department also takes action against
the possession of infringing copies of computer programmes, movies, television
dramas and music recordings in business as well as unauthorised possession
of video recording equipment in a place of public entertainment used primarily
as a cinema, theatre or concert hall.
The department maintains stringent control on all
optical disc and stamper factories to prevent them from engaging in copyright
piracy activities. Optical disc and stamper manufacturers are required
to apply for a licence from the Commissioner of Customs and Excise. At
year-end, 113 licensed stamper and optical disc factories, 738 optical
disc production lines and 21 stamper production units were registered
with the department.
During the year, the department processed 10 341 cases
and arrested 1 288 persons in connection with copyright piracy activities.
The total quantity of items seized amounted to 7.08 million, with a value
of $229.46 million. The department also processed 760 cases relating to
counterfeit goods and goods bearing false trade descriptions. A total
of 743 persons were arrested and 39.46 million pieces of counterfeit goods,
valued at $258.4 million, were seized.
During the year, the department detected 23 corporate
software end-user piracy cases, resulting in the arrest of 38 persons
and the seizure of infringing copies of computer software with a market
value of $2 million, as estimated by the copyright owners. It also received
one report of unauthorised possession of video recording equipment in
a cinema and conducted a criminal investigation into the reported criminal
activity.
As an initiative to help young people to keep away
from copyright pirates, the Customs and Excise Department and the Social
Welfare Department jointly established in April 2002 a referral system
under which juvenile offenders apprehended in piracy cases can be given
assistance and counselling as circumstances warrant. Since the implementation
of the system, a total of eight juvenile offenders have been referred
to the Social Welfare Department for such services.
The Special Task Force of 147 Customs officers continued
to take vigorous enforcement action against illicit manufacturing and
retailing of optical discs. Its main enforcement objective is to carry
out repeated and focused operations at 'black spot' retail outlets and
their storage facilities to suppress the sale of pirated optical discs.
As a result of the department's vigorous enforcement
action, large-scale illicit optical disc manufacturing activities, for
which expensive replicating machines were used, had been successfully
stamped out, and no such large-scale activity was detected in 2003. Copyright
pirates have turned to smaller scale operations by setting up copying
workshops equipped with CD-writers to manufacture pirated discs. During
the year, the department neutralised 28 such illegal workshops, with the
seizure of 481 CD-writers and the arrest of 57 persons.
The department also takes action against copyright
piracy activities on the Internet. Since its establishment in early 2000,
the department's Anti-Internet Piracy Team has detected 31 Internet piracy
cases, resulting in the seizure of pirated goods and equipment valued
at $2.04 million, and the arrest of 53 persons.
During the year, the Intellectual Property Department continued to keep
up the momentum of public education. Consumers and retailers were encouraged
to join the ongoing campaigns, 'I Pledge' and 'No Fakes', to show their
commitment to buy, use and sell genuine goods.
In 2003, the department continued its programme of
visiting secondary schools. Visits to 23 schools with a total of 6 830
students were made. Several teaching aids were produced including a comic
book and a three-dimensional computer game.
The department has produced several Announcements
in the Public Interest to promote respect for intellectual property rights
and a TV programme on Making Intellectual Property Your Business —
A Wealth Creation Series. This eight-episode programme conveyed to
the public the message that intellectual property is a prime driver of
economic growth. In cooperation with trade and professional organisations,
the department also organised several seminars for SMEs to help them understand
the importance of intellectual property and explain to them the systems
for protecting such assets in Hong Kong.
Following the Sixth Guangdong/Hong Kong Joint Conference
held on August 5, the Guangdong/Hong Kong Expert Group on the Protection
of Intellectual Property Rights was set up to enhance the cooperation
between the two places in the area of protection of intellectual property
rights. The first meeting was held in Hong Kong on December 3. In December,
the Guangdong-Hong Kong-Macau Intellectual Property Database was launched
to help enterprises operating in the three places, particularly SMEs,
to understand their respective intellectual property laws and systems.
The database can be accessed at http://www.ip-prd.net/.
The department partnered with the Trade Development Council and its counterparts
in Guangdong in organising seminars and briefing sessions to promote understanding
of the respective systems.
The Intellectual Property Department continued to participate in the
activities of the WTO Council for Trade-Related Aspects of Intellectual
Property Rights (TRIPS) in 2003. Representatives of the department also
attended conferences at the World Intellectual Property Organisation (WIPO),
including the meeting of the Assemblies of the Member States, and the
conferences held by various committees, such as the Standing Committee
on Copyright and Related Rights. The department also represented Hong
Kong, China at other international and regional intellectual property
symposia and conferences, including the 16th meeting of the APEC Intellectual
Property Experts Group held in Christchurch, New Zealand, in March and
the 17th meeting held in Vancouver, Canada, in July. |
