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HKGCC CALLS FOR ELIMINATION OF IMPLEMENTATION OF IPR LAW TO PHOTOCOPYING
The Hong Kong General Chamber of Commerce (HKGCC) today called for the
elimination of implementation of the new IPR Ordinance when applied to photocopying. This
means that an immediate postponement of the Intellectual Property (Misc Amendment)
Ordinance —which is due to take effect on 1 April—regarding photocopying is necessary.
HKGCC strongly supports the protection of intellectual property rights
and has actively promoted the benefits of IPR protection to the business community. In
fact, it has always felt that this is critical to Hong Kong's development as a
knowledge-based economy. But HKGCC is not convinced that the law should be applied to
newspaper/magazine photocopying in the office.
"A person ought to be labeled a 'pirate' if
he/she copies a software for work without permission. This should be strictly forbidden.
But to be called a 'pirate' just because one photocopied a
newspaper article - it flies in the face of common sense,"
commented HKGCC Director Dr Eden Woon. "We believe that to apply
the Amendment to photocopying in the office will be against the spirit of the Ordinance,
which is to combat corporate piracy, not to inconvenience business." He added.
HKGCC believes that implementation is going to be a serious problem if
the government were to apply the Ordinance to photocopying of newspapers. HKGCC predicts
that there will be mass confusion and non-compliance if the government goes ahead to
enforce this aspect of the Ordinance which is "not well-thought-out." Not only is the idea draconian, the mechanism for citizens to honor this
aspect of the amendment is not even in place.
HKGCC asks the government to consider an interpretation of the Amended
Ordinance to exclude its application to photocopying of newspaper and magazine articles.
If the legal interpretation remains that such reprographic rights is indeed covered by the
Ordinance, then HKGCC would prefer an amendment to exclude it. "Government will take
time to explore these, that is why we are asking for an immediate delay," explained Dr Woon.
"It is out of support for the spirit of the Ordinance that we feel
necessary to object to its application to casual photocopying," said Dr Woon.
For further information, contact Dr Eden Woon on
2823-1211. |