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FROM THE CHAIRMAN                                                 March  2001 Issue

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cctung.jpg (12020 bytes)Employers, beware of IPR breaches in the workplace

 

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. B

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