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How does a rights owner assist the C&ED in protecting IPR? |
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As pre-requisites for criminal investigation, the rights owner has to prove the subsistence of copyright in the work alleged to have been infringed and furnish sufficient evidence to show that an infringement of such right has taken place. The rights owner should:
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apply for recordation with the Intellectual Property Investigation Bureau in person or through an authorized representative; |
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provide evidence on the subsistence, and ownership, of the property right, for example, a Trade Mark Certificate which is prima facie evidence of trade mark registration in Hong Kong, or the necessary documentation covering a particular copyright work; |
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provide proof of the alleged infringement of the property right, for example, a sample of the infringing copy together with a genuine copy so that a distinction can be drawn between them; and |
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undertake personally, or through an authorized representative on his behalf, to assist the C&ED in the identification of infringing goods seized and testify in court as a prosecution witness, or in the case of copyright infringement, furnish with the C&ED an affidavit affirming the copyright subsistence and ownership before giving evidence in a court hearing. |
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How could a citizen assist the C&ED in protecting IPR? |
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Every citizen in Hong Kong should respect IPR and refrain from buying infringing goods. Should anyone encounter any infringing or counterfeiting activities, he or she should make a report to the C&ED. |
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How to contact us |
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We welcome information on copyright or trade mark infringement activities. Please contact us at:
Telephone : 2545 6182 (24 hour hotline)
Facsimile: 2543 4942
Post: G P O Box 1166 Hong Kong
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