The Copyright (Amendment) Ordinance 2007 can enhance Customs' enforcement capability against illegal parallel imports and better protect copyright owners' interest, Intellectual Property Investigation Bureau Head Ben Ho says.

Customs today took part in a cross-industry seminar to familiarise the copyright industry with the effect of the Copyright (Amendment) Ordinance 2007, which came into force on July 6, relating to criminal enforcement against illegal parallel imports.

Parallel imported copies of copyright works are genuine copies that are originally made and destined for a market outside Hong Kong, but are subsequently imported into Hong Kong without the copyright owner's consent.

Under the amended ordinance, the criminal sanction period for parallel imports has been shortened to 15 months from 18 months. The legislative amendments also facilitate criminal enforcement by introducing some presumptions to prove an element of offence that the copy in question is an imported copy.

Affidavit evidence allowed

Another measure allows the use of the copyright owner's affidavit evidence to prove the parallel imported copy in question is not allowed to be distributed or sold in Hong Kong. This affidavit evidence on the restriction of territorial rights for parallel imports can alleviate the copyright owners' burden, in particular those located overseas, to attend court in person.

Mr Ho said Customs will co-operate closely and actively with the copyright industry to enforce the law when there are complaints involving illegal parallel imports of copyright works.