About Our Copyright Department

Contact Person :

Mr. Benny Kong (LL.B., PCLL)

Email :

enquiry@bk.com.hk

Direct Telephone :

(852) 3105 5100

Contact Person :

Mr. David Tsai (LL.B., PCLL)

Email :

enquiry@bk.com.hk

Direct Telephone :

(852) 3105 5100

About Our Copyright Services

The philosophy of the Copyright Team is “Better to be safe than sorry”. Many of our clients whose line of business is involved industrial products have consulted us on means to protect the design of their products. Once infringing activities are spotted, or quite often even before infringing activities took place, members of our team will advise and prepare copyright-protection documents in the shortest period of time. Those copyright-protection documents are then sent to the Customs & Excise Department (“Enforcement Department”) under a unique pilot scheme called Fast Action Scheme. Upon receiving the copyright-protection documents, anti-piracy administrative action will be taken to wipe out infringing activities almost instantaneously. This anti-piracy measure is notably effective with infringing activities take place at trade exhibitions held in Hong Kong.

Copyright Documents

After a product is designed, the copyright owner should prepare for copyright documents for that product, and file the copyright documents under the Fast Action Scheme.

Advantages of a Copyright Archive

Preparing for copyright documents and keeping record of copyright can bring the following advantages:-

1. increase customers’ confidence in the company and its products
2. requesting the designers or employees to sign the copyright documents right after the
   design is finished can eliminate the chance that they claim copyright to the product
   afterwards
3. when infringing activities are found, the copyright owner (or its lawyer) can prove
   copyright, report to the Enforcement Department and hence stop the infringing
   activities as early as possible

Fast Action Scheme

We prepare copyright documents in accordance with the requirements of the Fast Action Scheme. Copyright owners can then file the copyright documents with the Hong Kong Brands Protection Alliance. When infringing activities are found in exhibitions, upon complaint, the Enforcement Department will investigate, search or even prosecute the infringers.

In the past 3 years, there were numerous infringers whom have been sued by the Enforcement Department under the Fast Action Scheme according to section 118 of Copyright Ordinance; the penalty would usually be imprisonment and/or a fine.

Copyright Department

Our copyright department comprises Mr. Benny Kong and 2 paralegals who are familiar with copyright law. In the past 3 years, we have prepared over 500 sets of copyright documents. Except in exhibitions, the copyright archive can also be used when the company:-

1. issues cease and desist letters
2. file lawsuits against infringers
3. drafts commercial documents, e.g. exclusive distribution agreement, etc.

Apart from the above advantages, we believe that establishing a Copyright Archive can legalized and systemized the designing of new products.