Copyright (Amendment) Bill 2022 gazetted for LegCo reading on 8 June 2022

Copyright (Amendment) Bill 2022 gazetted for LegCo reading on 8 June 2022

The Copyright (Amendment) Bill 2022 was gazetted last Friday after the 3-month public consultation.  A very aligned view of IP practitioners and stakeholders is to have the new Copyright provisions enacted as law without any further delay. 

The key 5 legislative proposals are:
1. To introduce an exclusive technology-neutral communication right for copyright owners in light of technological developments;
2. To introduce criminal sanctions against infringements relating to the new communication right;
3. To revise and expand the scope of copyright exceptions to allow use of copyright works in certain common Internet activities; facilitate online learning and operation of libraries, archives and museums; and allow media shifting of sound recordings, etc;
4. To introduce “safe harbour” provisions to provide incentives for online service providers to co-operate with copyright owners in combating online piracy and to provide reasonable protection for their acts; and
5. To introduce two additional statutory factors for the court to consider when assessing whether to award additional damages to copyright owners in civil cases involving copyright infringements.

The Secretary for Commerce and Economic Development will introduce the Bill into LegCo for first and second readings on June 8.  The LegCo Panel on Commerce and Industry supports the legislative proposals.  The new Copyright law is expected to launch for the summer!

By Benjamin Choi

OLN IP Services Limited symbolises the transformation of Benjamin into a Brand Consultant after practicing as an Intellectual Property lawyer for over 20 years specialized in advising, resolving and the execution of all trade mark and related IP matters for a very wide spectrum of businesses through his tenure with 3 of the most leading and award winning law firms known for their IP practice in Hong Kong. He was a Partner of Mayer Brown and then Deacons from 2011 to 2020.

Benjamin is able to add practical and personal insights in the clients’ brand creation and development process by becoming involved at the earliest stage possible. Obviously, an obstacle (like any medical condition) is better to be unveiled sooner rather than later in order to be addressed or treated with the right option.

He is one of the leading and award winning trade mark practitioners in Hong Kong. With 20 years’ experience in local and foreign trademark prosecution, Benjamin is highly skilled in conducting IP due diligence for merger and acquisition projects involving the transaction of IP assets.

He also advises on general IP enforcement, passing-off/unfair competition, domain name disputes and data privacy issues. Benjamin is one of the former Presidents of the Hong Kong Institute of Trade Mark Practitioners and remains actively involved in the Institute’s collaboration with the Intellectual Property Department in IP law and policy review and consultation.

Outside of Hong Kong, Benjamin is active in INTA (member since 2009 and currently serving the INTA Bulletins Committee), APAA (member since 2008 and currently a Committee Member of the HK Group) as well as Marques (member since 2015 and currently serving the IP Emerging Issues Committee).

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