CYRILLA: Global Digital Rights Law

CYRILLA: Global Digital Rights Law

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Copyright Ordinance (Cap 528)

Law

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Table of contents

Section 2648
The section does not require the provision or receipt of any economic or commercial advantage for copyright work. It was inserted to cater to the protection of copyright works on the Internet. The provision reflects that the Internet is a worldwide computer network using specialized network protocols to facilitate data transmission and exchange and that it has evolved so rapidly and drastically in the past quarter-century that the direction in which it will further develop is almost unpredictable. Thus, to make room for future technological advances, this section was drafted as broadly as possible. In particular, the expressions ‘making available ... to the public’, ‘by wire or wireless means’ and ‘members of the public ... may access the work from a place and at a time individually chosen by them’, which originated from art 8 of the World Intellectual Property Organisation (WIPO) Copyright Treaty 1996, were employed in the drafting of this section. Though the Treaty was not yet officially applicable to Hong Kong when S 26 was enacted, the incorporation of its provisions was considered to be consistent with Hong Kong’s continuing endeavour to adhere to the international standards for intellectual property protection. Membership of the Treaty was and is still confined to sovereign states. By virtue of China’s membership, the Treaty has become applicable to the Hong Kong Special Administrative Region since 2008. In HKSAR v Chan Nai Ming [2005] 4 HKLRD, the court pointed out that Technology had developed to such an extent that prejudice to copyright owners where films were distributed in this fashion was manifest.48

Copyright Ordinance (Cap 528)

Law

Status of Law: Final/Active/Current

Country

Hong Kong

Country Location

Latitude: 22.3964

Longitude: 114.1095

Country Location (linked Law): Hong Kong

Keywords

Copyright
Intellectual Property

Adoption Date: Jun 27, 1997

Type of Law: Primary (this category will be deleted)

Research Category: V Other Laws

Institution that Established this Law: Legislative Council of the Hong Kong Special Administrative Region

Is this the Official Copy?: Yes

Date of Most Recent Amendment: May 27, 2016

Source URL: Hong Kong e-Legislation

Notes: This ordinance prevents infringement of copyright including via the internet. In HKSAR v Chan Nai Ming [2005] 4 HKLRD, the court pointed out that Technology had developed to such an extent that prejudice to copyright owners where films were distributed in this fashion was manifest. In Chan Nai Ming v HKSAR (2007) 10 HKCFAR 273 the court held that use of a physical storage device was not an essential condition for the transfer or “distribution” of an electronic copy under s.118(1)(f). There were no factual or legal reasons for “distribution” of electronic copies to be confined to the physical transfer of storage devices.

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Law No. 33 of 2009 Amending and Supplementing Law No. 36 of 1994 Relating to Literary and Artistic Property
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The Mozambique Intellectual Property Strategy 2008-2018.

Related Case Law

Alibaba Group Holding Limited v Alexey Gurov
Chan Nai Ming v HKSAR
HKSAR v Tam Hei Lun
Pandora A/S v Glamulet International Limited

Primary Documents

Cap 528 Assisted Monolingual PDF (27-05-2016) (English).pdf
English
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Pandora A/S v Glamulet International Limited

Case Law

HKSAR v Tam Hei Lun

Case Law

Chan Nai Ming v HKSAR

Case Law

HKSAR v Tam Hei Lun

Case Law

Alibaba Group Holding Limited v Alexey Gurov

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