LCQ16: Parallel importation of articles which have embodied in them a computer program

Following is a question by the Hon Sin Chung-kai and a written reply by the Secretary for Commerce, Industry and Technology, Mr John Tsang, in the Legislative Council today (November 12) (Translation):

Question:

The Copyright (Amendment) Ordinance 2003 will come into operation on November 28, this year. Under the Ordinance, civil and criminal liabilities pertaining to the parallel importation of and subsequent dealings in articles which have embodied in them a computer program will be removed, except for a few specified types. In this connection, will the Government inform this Council whether, for implementing the Ordinance, it will:

(a)step up enforcement actions against copyright piracy activities, so as to prevent the exploitation of this opportunity to fake pirated goods as parallel imports; if it will, of the details; if not, the reasons for that; and

(b)enhance public education and publicity work, such as educating consumers in distinguishing if articles with embodied computer programs are parallel imports or pirated goods; if it will, of the details?

Reply:

Madam President,

My reply to the two parts of the Hon SIN Chung-kai's question is as follows:

(a)The Customs and Excise Department (C&ED) has always been committed to combating copyright piracy activities. As at end of September 2003, the C&ED had seized 4.8 million pirated optical discs worth about HK $103 million, and a total of 949 persons had been arrested. In the course of enforcement operations, the C&ED maintains close cooperation with copyright owners so that where necessary, the latter can assist Customs officers in distinguishing between infringing and legitimate copies. Copyright owners also provide training to Customs officers from time to time to enhance their knowledge of copyright products.

With the implementation of the Copyright (Amendment) Ordinance 2003, the C&ED will closely monitor the latest market situation in the sale of computer software products, maintain close liaison with copyright owners, enhance intelligence gathering and take appropriate enforcement action with a view to preventing the exacerbation of copyright piracy.

(b) We appreciate that apart from effective legislation and vigorous enforcement action, public education on awareness of and respect for intellectual property rights is equally important. Therefore, the Government has all along been promoting intellectual property education, which also includes publicity about the legislative provisions for parallel importation.

With respect to the Copyright (Amendment) Ordinance 2003, we issued a press release when the commencement notice was gazetted on October 3, this year. We also updated the frequently asked questions and answers posted on the homepage of the Intellectual Property Department (IPD) to explain changes brought about by the Ordinance. We have also informed the relevant organisations of the imminent commencement of the Ordinance.

The IPD and the Business Software Alliance will jointly organise a seminar on "Software Asset Management" for small and medium enterprises in early December this year. The topics of the seminar will include guidance to enterprises on how to distinguish legitimate copies (including parallel imported legitimate copies) from infringing ones and other issues that they need to pay attention to when purchasing computer software products. In similar or appropriate seminars that may be organised in the future, the IPD will continue to include such guidance.

Wednesday, November 12, 2003

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