Laws and Regulations under TRIPS Art. 63.2 - View details of the document

Hong Kong, China
Copyright (Amendment) Ordinance 2022 (Ord. No. 16 of 2022)
1. The Copyright (Amendment) Ordinance 2022 (the “Amendment Ordinance”) updates the Copyright Ordinance (Cap. 528) mainly to strengthen copyright protection in the digital environment, covering the following five key areas: (a) To introduce a new technology-neutral exclusive communication right for copyright owners to communicate their copyright works to the public through any mode of electronic transmission; (b) To introduce criminal sanctions against infringements relating to the new communication right; (c) To revise and expand the scope of copyright exceptions to allow use of copyright works in certain common Internet activities; facilitate online learning and operation of libraries, museums and archives; and allow media shifting of sound recordings for private and domestic use, etc.; (d) To introduce “safe harbour” provisions to provide incentives for online service providers to co-operate with copyright owners in combating online piracy; and (e) To introduce two additional statutory factors for the court to consider when assessing whether to award additional damages to copyright owners in civil cases involving copyright infringements. 2. The Amendment Ordinance also repeals a few outdated and not in operation provisions of the Copyright (Amendment) Ordinance 2007 (Ord. No. 15 of 2007) relating to rental rights for comic books.
Intellectual Property Department Government of Hong Kong, China Tel: (852) 2961 6901 Fax: (852) 2574 9102 Email: