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Hong Kong - Penalties for Copyright Infringement Increased

A new copyright law, which entered into force in Hong Kong on May 24, 1995, provides the following harsher penalties for copyright infringement:

1) the fine for possession of infringing copies of copyrighted works intended for sale has been increased to US$3,230 per copy, and the term of imprisonment therefor has been increased to 2 years;

2) the fine for possession of plates for the manufacture of infringing works has been increased to US$32,320, and the term of imprisonment has been increased to 4 years on a first conviction;

3) repeat offenses of possession of infringing works intended for sale are punishable by a fine of US$7,250 per copy, and a term of imprisonment of 4 years. Similarly, repeat offenses of possession of plates for the manufacture of infringing works are punishable by a fine of up to US$64,000 and a term of imprisonment of 8 years.

In an effort to close a loophole, the new law provides that the directors of corporations and the principals of partnerships convicted of engaging in copyright infringement will now be subject to the foregoing penalties.

The Customs and Excise Department will also be allocated additional funds to pursue a more vigorous enforcement policy with respect to copyright piracy. This policy is expected to result in increased government surveillance and enforcement activities at border control points and at the wholesale level.


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