Hong Kong's outdated copyright laws a barrier to development

Last year, the government announced its plan to promote Hong Kong as an intellectual property trading hub. The International Federation of the Phonographic Industry (IFPI) welcomes this initiative.

Trading in intellectual property - predicated upon its creation - is founded on there being adequate legislation in place. But we are concerned that Hong Kong's copyright laws are falling behind other territories, which could prove an obstacle to it becoming an intellectual property trading hub.

The current Copyright Ordinance does not contain a general communication right - that is, the exclusive right to communicate a work to the public through various means - so that existing criminal provisions tackle only the unauthorised "distribution" of infringing copies.

Yet, as technology evolves, "distribution" may no longer be appropriate to cover the new means of communication, even when these may result in widespread circulation of infringing copies and should constitute an offence.

To keep pace with technological developments, a general communication right, which already exists in countries such as Singapore and Malaysia, should be introduced here, too.

Hong Kong is at a disadvantage when it comes to competing with, say, Singapore, which has also made clear its intentions to be a regional intellectual property trading hub.