Customs border measures are maintained against pirated copyright works but not for enforcement against parallel imports. Exclusive licensees, in addition to copyright owners, may invoke customs border measure provisions.
There are enhanced penalty provisions against copyright piracy. Additional legal tools to facilitate enforcement and co-operation include release of samples of seizures to copyright owners, forfeiture provisions, additional presumptions and clarified provisions for use of affidavit evidence to show subsistence and ownership.
The punitive civil sanction of conversion damages is abolished, although the court can award additional damages, particularly in cases of flagrant infringement.
Further information on the above may be obtained via Linklaters & Paines Hong Kong office or via any of the other nine Linklaters & Paines offices world-wide, located in Singapore, Tokyo, London, Brussels, Paris, Frankfurt, New York, Washington D.C. and Moscow. Contact details for the various L&P offices worldwide are available via the Linklaters & Paines corporate listing c/o Business Monitor Online - http://www.businessmonitor.co.uk
c Linklaters & Paines 1997 - Tel +852 2842 4888