There is decriminalisation of parallel imports but only once 18 months has elapsed from first publication of the work (in Hong Kong or elsewhere).
A civil action may still be brought at any time against parallel imports. Exclusive licensees may also take action against parallel importers who arrange for parallel importation in breach of exclusive licence agreements. There is a special saving provision which gives a complete defence to a civil action for infringement where the parallel importer has placed an order with the copyright owner or exclusive licensee who has thereafter acted unconscionably in withholding supply on unreasonable grounds or has made unreasonable demands for the terms of supply, and the work was first published (in Hong Kong or elsewhere) more than 18 months beforehand.
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