COPYRIGHT ORDINANCE
PART II—DIVISION II
Section 36
Cap. 528
(c) whether he had complied with any code of practice that
may exist in respect of the supply of that category of
work;
(d) whether the response, if any, to those enquiries made by
the defendant was reasonable and timely;
(e) whether he was provided with the name, address and
contact details of the copyright owner or exclusive
licensee (as the case may be);
(f) whether he was provided with the date of first day of
publication of the work;
(g) whether he was provided with proof of any relevant
exclusive licence.
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(3) In an action against a person for infringement of copyright
under section 30 or 31, it is a defence for that person to prove
that—
(a) he had placed an order with the copyright owner or the
exclusive licensee, as the case may be, for the supply of
copies of the work;
(b) the person with whom he placed the order had acted
unconscionably by either withholding supply on
unreasonable grounds or by agreeing to supply on
unreasonable terms; and
(c) the import took place after that unconscionable act by
the copyright owner or exclusive licensee and after the
expiration of the period referred to in section 35(4)(b).
(4) In determining whether the copyright owner or exclusive
licensee had acted unconscionably, the court shall take into
consideration the established practices of the particular
trade for the orderly distribution of copies of that category
of work and, in particular, whether the order, if fulfilled,
would conflict with a normal exploitation of the work by
Last updated date
3.3.2014