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Our ref : 51/WKC/121
15 June 2001
Commerce and Industry Bureau
Level 29 One Pacific Place
88 Queensway
Hong Kong
Attention: Ms Laura Tsoi
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Dear Sirs
Liberalisation of Parallel Importation for
Computer Software
Thank you for inviting the Chamber to comment
on the proposal to liberalise parallel importation of computer software under the
Copyright Ordinance. Following consultation with Chamber members, we would like to submit
our comments as follows.
The Rationale for
Liberalisation
Many businesses especially SMEs who are
willing to buy genuine copies sometimes have difficulty to do so as supply is limited by
the 18-months ban over parallel importation. In the modern world, information technology
changes rapidly and eighteen months will render many software products outdated. In our
view, parallel importation of computer software should be considered more as a trade
matter rather than a matter of copyright protection. It is unrealistic and unreasonable,
therefore, for the 18-month ban to remain.
We believe there is over-regulation over
parallel importation of computer software under the Copyright Ordinance, and hence a
strong case for liberalising that aspect of the Ordinance.
De-regulating Parallel
Importation
The Chamber believes that for computer
software, criminal provisions regarding importation should apply only to imports of
pirated products, not to parallel importation of genuine products. In other words, the
current criminal sanctions over parallel importation of copyrighted material within 18
months of first publication should be removed for computer software. In the same vein, we
support the removal also of civil liabilities as proposed by the government.
How to Liberalise
We suggest that the de-regulation be
implemented through the introduction of enabling provisions in the Copyright Ordinance to
empower the Administration to exempt or suspend the application of the sanctions on
parallel imports, initially to the computer software sector. Such enabling legislation
will provide flexibility for the government to apply the same suspension to other
particular sectors in future where there is a clear case to do so.
Conclusion
In conclusion, the Chamber recommends the
removal of both criminal and civil sanctions for parallel importation of computer software
under the Copyright Ordinance. The change should be implemented through the introduction
of enabling legislation.
Finally, I wish to record the Chamber¡¦s appreciation of the positive way in which the government responds to the
business community¡¦s concerns, of which this proposal to
liberalise parallel importation of computer software is another fine example. We would be
happy to remain engaged in further discussion with the government on how to implement this
proposal.
Yours sincerely
¡@
Dr Eden Woon
Director
cc The Hon James Tien, Chamber LegCo
representative |