Legislative Council Panel on Trade and Industry
Combating Intellectual Property Rights Infringement : Possible Additional Legal Tools


This paper seeks the views of members on the consultation paper, at the Annex, on possible additional legal tools to combat intellectual property infringement.


2. At the meeting of the Legislative Council on 16 December 1998, Members passed a motion urging the Government to consider, amongst other things, possible legislative amendments to empower the enforcement authorities to prosecute those who take illicit recordings of movies in cinemas, and to study the possibility of introducing fines on end-users who bought pirated optical discs. The Government agreed to follow up.

3. The current legislative framework of the Hong Kong Special Administrative Region to protect intellectual property is widely recognized as one of the most up-to-date and comprehensive regimes in the world. Nonetheless, the Government is open to suggestions to further improve and strengthen it. There are diverse views on the need for and likely effectiveness of various options floated in this regard. The attached consultation paper therefore attempts to set out the arguments for and against the main options made, with a view to facilitating more systematic and focused discussion.

Public Consultation

4. We intend to consult the public in general, as well as concerned industries and professional organisations, on the various options set out in the consultation paper. The Government has no preconceived views on the options put forward. We shall collate and analyse the views expressed and report to this Panel our findings and recommendations after the public consultation.

Advice Sought

5. Members are invited to comment on the points raised in the consultation paper.

Trade and Industry Bureau
Government Secretariat
February 1999