COPYRIGHT ORDINANCE PART II—DIVISION II Section 36 36. 2-78 Cap. 528 Defences for the purposes of sections 30 and 31 (1) For the purposes of sections 30 and 31 and for the avoidance of doubt, it is declared that if in an action for infringement of copyright under section 30 or 31 in respect of a copy of a work which is an infringing copy by virtue only of section 35(3) and which was lawfully made in the country, territory or area where it was made, the defendant proves that—  (Amended 15 of 2007 s. 11) (a) he had made reasonable enquiries sufficient to satisfy himself that the copy of the work imported or proposed to be imported into Hong Kong was not an infringing copy of the work; (b) he had reasonable grounds to be satisfied in the circumstances of the case that the copy was not an infringing copy; and (c) there were no other circumstances which would have led him reasonably to suspect that the copy was an infringing copy, he has proved that he did not have reason to believe that the copy was an infringing copy. (2) In determining whether a defendant has proved under subsection (1) that he did not have reason to believe that the copy was an infringing copy of the work, the court may have regard to, including but not limited to, the following— (a) whether he had made enquiries with a relevant trade body in respect of that category of work; (b) whether he had given any notice drawing attention of the copyright owner or exclusive licensee to his interest to import and to sell the copy of the work; Last updated date 3.3.2014