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Protection of Intellectual Property Rights - Code of Ethics
Introduction
To maintain its status as a first-class international centre for business, it is important for Hong Kong not only to respect intellectual property but to develop a reputation of doing so. This cannot be achieved without the endorsement and cooperation of the business sector.
This Code of Ethics is developed with a view to garnering the business sector's support in the protection of intellectual property rights. Subscription to this code is entirely voluntary. By signing on this Code, businesses will be making a statement that they endorse the importance of protecting intellectual property rights and are committed to playing their part.
Because different businesses have different requirements, it is difficult to design a universal code that can be applicable to all sectors. This present Code is intended for businesses which generally operate in an office setting. Business sectors with more specific operational requirements are encouraged to develop, through their respective industry associations, codes that are relevant to their specific situations.
Computer software
Companies should only use legal software. They should make the best endeavour to ensure that all their software was legally procured, and that they would not knowingly purchase illegal, pirated or copied software.
In using legally purchased computer software, companies should ensure that the license conditions are complied with. They should not, for instance, make multiple copies of the software unless as allowed for by the software license.
Companies should use their best endeavours to ensure that their employees are fully aware of the importance in adhering to principles of the Code and should not bring illegal software to the workplace.
In purchasing computer equipment with pre-loaded programmes, they should ensure that only properly licensed software is included in the bundle of products.
Equipment and products
Companies should only purchase genuine products. In purchasing office equipment and generally any other goods, they should ensure that the trademarks of legitimate products are not being infringed upon. In other words, they should not knowingly purchase counterfeit goods.
Photocopying
Where there is a need to photocopy from an original publication, the principle of reasonableness should be observed. This means only a small amount could be photocopied, and due credit should be given to the source. If there is a need to copy a substantial part of the work, then the original should be procured, or permission sought from the publisher.
Dealing with fakes
Company management should not allow counterfeit or pirated products to be used in the course of the company's operation. That would be against the law.
Where products or software which have been bought in good faith are discovered to be counterfeit or pirated, company management should take action to dispose of them.
Community responsibility
Companies should ensure that where there is a need to use other people's copyrighted works or trademarks, they should first obtain permission from the legitimate owner.
Companies should be encouraged to support the Intellectual Property Department and other appropriate agencies in promoting protection of intellectual property among their employees and the community at large.