HONG KONG – The Hong Kong Special Administrative Region government on Friday gazette the Copyright (Amendment) Ordinance 2022 to update the city’s copyright regime for strengthening copyright protection in the digital environment.

“The amendment ordinance will strengthen Hong Kong's intellectual property protection regime to ensure that it keeps abreast with the times and current international norms so as to encourage creativity and technological development, and meet local social and economic development needs,” a spokesman for the Commerce and Economic Development Bureau said in a statement.

The amendment ordinance will introduce an exclusive technology-neutral communication right for copyright owners in light of technological developments and criminal sanctions against infringements relating to the new communication right, it added.

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The Amendment Ordinance is an important milestone of our ongoing effort to maintain a robust and competitive copyright regime.

Spokesman, Commerce and Economic Development Bureau, HKSAR

It will revise and expand the scope of copyright exceptions to allow the use of copyright works in certain common internet activities; facilitate online learning and operation of libraries, museums, and archives; and allow media shifting of sound recordings, according to the statement.

The amended law will introduce "safe harbor" provisions to provide incentives for online service providers to cooperate with copyright owners in combating online piracy and to provide reasonable protection for their acts, it added.

Underscoring the importance of the copyright system for the development of local creative industries and a knowledge-based economy, the spokesman said: “The enactment of the amendment ordinance is also one of the important measures to develop Hong Kong into a regional IP trading center in line with the National 14th Five-Year Plan.”

The government will press ahead with the relevant preparatory work for implementing the amendment ordinance and arrange for gazettal of the commencement date of the ordinance as soon as possible, the statement. 

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The SAR government will also launch a series of publicity and educational activities to enhance public awareness and understanding of the amendment ordinance.

"After the amendment ordinance comes into operation, we will embark on a new round of review as soon as possible to further discuss with different stakeholders those copyright issues which have not been addressed in this legislative exercise," added the spokesman.