COPYRIGHT ORDINANCE
PART II—DIVISION II
Section 35
2-62
Cap. 528
(iii) 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.
(5) For the purposes of Division VII (proceedings relating
to importation of infringing articles), “infringing copy”
(侵犯版權複製品) does not include a copy of a work or
a copy of an accessory 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; and
(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.
(6) Where in any proceedings the question arises whether a
copy of a work is an infringing copy and it is shown—
(a) that it is a copy of the work; and
(b) that copyright subsists in the work or has subsisted
at any time,
it shall be presumed until the contrary is proved that the
copy was made at a time when copyright subsisted in
the work.
(6A) Where, in any proceedings, a question arises as to
whether a copy of a work that was lawfully made in
the country, territory or area where it was made is an
infringing copy by virtue only of subsection (3), and it
is shown—
(a) in the case of a copy of a work that is stored in
an optical disc, that the optical disc is not marked
with a manufacturer’s code as required under
Last updated date
3.3.2014