Over many years, Hong Kong has worked hard on improving the protection
of intellectual property rights (IPR) and in combating copyright piracy. It has been
evident in the introduction of new legislation, regular crackdowns on the sale of pirated
goods and the development of such programmes as the "No Fakes"' campaign. These
efforts are continuing to this day.
The drive to protect intellectual property in the Hong Kong SAR took on
an important new dimension, however, with the development of the SAR Chief Executive's
vision of the SAR as a key player in the so-called "new economy."' This is the
world of the computer revolution, of information technology, electronic commerce and the
expanding use of the Internet.
Mr Tung's vision of ensuring that the Hong Kong SAR remains at the
cutting edge of new technology has been a consistent theme in his annual Policy Addresses
and other key statements. To be properly achieved, however, it is also recognised that,
among other things, there needs to be strong protection of IPR to give the owners of those
rights the confidence to distribute their products here and to invest in the SAR.
At the opening of his Policy Address last year, the Chief Executive
remarked on how well the SAR is now "gearing up for the knowledge economy,"'
with Hong Kong people far better able to appreciate the importance of innovation and
technology.
"Three years ago there were very few people in Hong Kong who
thought about the relationship between technology and economic development,"' he
said. "Now it is widely recognised that innovation and technology are essential to
enhance productivity for our sustained economic growth."'
He noted that the government had done much to improve the SAR's
"soft and hard"' infrastructure for the knowledge economy including
liberalisation of markets and the introduction of an improved legislative framework. Part
of that framework is, of course, aimed at the better protection of IPR, especially as it
relates to important aspects of the "new economy,"' such as the use of computer
software.
As the Chief Executive said in his previous (1999) Policy Address:
"A sound intellectual property rights protection regime is a prerequisite for
promoting innovation and investment in technology. We have in place a well-developed legal
framework for this purpose and action is being taken to strengthen it. But the key to
effective protection of intellectual rights is compliance with, and enforcement of, the
law. Consumers should show their support by boycotting pirated goods. The SAR Government
is determined to continue combating piracy through law enforcement and education."'
One important example of this approach that will directly affect all of
us in the business community and which I particularly want to draw members' attention to
in this message is the application, from April 1, this year of the amendments contained in
the Intellectual Property (Miscellaneous Amendments) Ordinance 2000.
This legislation was approved by the Legislative Council last year and
has particular relevance to the business community as its amends the existing intellectual
property laws to prevent "bootlegging"' of copyright works in places of public
entertainment and to facilitate prosecution of corporate copyright piracy activities. The
Chamber's Legal Committee has been briefed on the new legal requirements and has discussed
the changes at some length. It strongly believes the contents of the new legislation
should be brought to the attention of Chamber members, so they can better safeguard
themselves against any intellectual property breaches that may occur in their own
businesses, even without their knowledge.
The details of the new law and how they will apply in practiced from
April 1 this year are too lengthy to go into in this brief message. However, members
should be aware that it does involve criminal sanctions for any breach of IPR in the
workplace. Those seeking further information on the new law and how it applies to the
business community should visit the Intellectual Property Department's Web site at
www.info.gov.hk/ipd, or contact the Chamber's Economic and Legal Affairs Division.
To close this message, I would just like to remind members that this
year is the Chamber's 140th anniversary. I look forward to seeing as many of you as
possible at the Grand Ball on April 20, the annual meeting on April 24, the distinguished
speakers' series or any of the many other events being organised to celebrate the
occasion. Please note these events in your diaries.