Chamber Chairman C C Tung called for greater respect
and protection of intellectual property rights at the Chamber's July 26 seminar entitled,
"Benefiting from Intellectual Property."
"We are a knowledge-based economy, we pride ourselves on innovation and hard work.
But the fruits of our intellectual labour must be protected if the creativity and
innovation spirit is to flourish," he said.
The Chamber has developed a "Code of Ethics on Protection of Intellectual Property
Rights," which contains broad guidelines for businesses to apply in their operations.
The code covers five main areas: computer software, equipment and products,
photocopying, dealing with fakes and community responsibility.
"To maintain our status as a first-class international centre for business, it is
important for Hong Kong not only to respect IPR but also to develop a reputation of doing
so," Mr Tung said.
Efforts in the past few years in IPR enforcement are beginning to pay off, but Mr Tung
said more still needs to be done.
"As a champion of IPR rights, the Chamber will be more than happy to work with
other organisations on promoting IPR protection. We are a joint organiser of the 'No Fakes
Campaign' alongside the Intellectual Property Department, and we participated in the
'Genuine Software Campaign' organised by the Customs and Excise Department. We shall
continue this effort. And our effort will be genuine, not false," he said.
Secretary for
Commerce and Industry Chau Tak-hay (right) told the audience at the seminar that over the
past four years, the government had completely modernised the laws for protecting patents,
registered design, copyright and trade marks, bringing them into line with the highest
international standards.
In June, the World Trade Organisation (WTO) completed a thorough review of the
intellectual property rights laws of Hong Kong.
"I am glad to say that our laws were highly regarded by other WTO members and were
considered as being fully consistent with the international standards laid down by the
WTO," Mr Chau said.
"However, we are not complacent. We keep our laws under constant review. In June,
we enacted new legislation to clarify the Copyright Ordinance to put it beyond doubt that
anyone who knowingly uses an infringing copy of copyright work in the course of business
commits a criminal offence.
"This means that a company which uses, say, pirated accounting software for its
business, or photocopies a book without licence from the copyright owner, may be liable to
criminal prosecution."
He said the government plans to bring this new law into effect in 2001 after
wide publicity. He also echoed Mr Tung's comments that protection of intellectual property
rights requires the full participation of everyone in the community.
The government has also enacted tough legislation to control the manufacture of optical
discs to tackle copyright piracy at the production level, as well as to prevent
bootlegging. Certain piracy and counterfeiting acts have also been classified as offences
under the Organised and Serious Crimes Ordinance, whereby customs officers are given
additional powers to tackle them, particularly where criminal syndicates are involved, he
said.
In 1999 alone, the government seized some 16.5 million pirated optical discs and 14
production lines worth over HK$360 million, and arrested some 2,700 persons.
On the retail level, last year there were some 1,000 retail outlets of pirated compact
discs with some 5 million pirated discs in the market place at any one time. At present,
there are fewer than 100 outlets with some 100,000 discs in the market place at any one
time. The reduction in volume is about 98 per cent, he said.
To encourage the public to respect intellectual property rights, the government will
spend HK$17 million between 1999 and 2002 on public education, he said.