COPYRIGHT ORDINANCE
PART II—DIVISION II
Section 35
2-60
Cap. 528
(2) A copy of a work is an infringing copy if its making
constituted an infringement of the copyright in the work
in question.
(3) Except as otherwise provided in section 35A or 35B, a
copy of a work other than a copy of an accessory work
is also an infringing copy if— (Amended 27 of 2003
s. 2; 15 of 2007 s. 9)
(a) it has been or is proposed to be imported into
Hong Kong; and
(b) its making in Hong Kong would have constituted
an infringement of the copyright in the work
in question, or a breach of an exclusive licence
agreement relating to that work.
(4) For the purposes of sections 118 to 133 (criminal
provisions) “infringing copy” (侵犯版權複製品) does
not include a copy of a work—
(a) that was lawfully made in the country, territory or area
where it was made;
(b) that has been or is proposed to be imported into
Hong Kong at any time after the expiration of 15
months beginning on the first day of publication
of the work in Hong Kong or elsewhere; and
(Amended 15 of 2007 s. 9)
(c) its making in Hong Kong would have constituted
an infringement of the copyright in the work
in question, or a breach of an exclusive licence
agreement relating to that work,
or a copy of an accessory work(i) that was lawfully made in the country, territory or area where it
was made;
(ii) that has been or is proposed to be imported into Hong Kong;
and
Last updated date
3.3.2014