ORDINANCE:

Copyright Ordinance (CAP 528)

The Scheme enforces IP rights basing on the Copyright Ordinance (CAP 528). Any person who infringes IP rights shall be liable upon conviction to fine and imprisonment for 8 years.

Trade Descriptions Ordinance (CAP 362)
Another legal basis of the ‘Fast Action Scheme’ is the Trade Descriptions Ordinance (CAP 362). It states that any person who forges trademark; falsely applies to any goods any trademark or any mark so nearly resembling a trademark as to be calculated to deceive; makes any die, block, machine or other instrument for the purpose of forging, or of being used for forging, a trademark; disposes of or has in his possession any die, block, machine or other instrument for the purpose of forging a trademark; or causes to be done anything referred to the above commits an offence unless he proves that he acted without intent to defraud. Any person who is convicted shall be liable to fine and imprisonment for 5 years. 

When IP right owners suspect any infringement, they should report to the C & ED. Once officers of the C & ED confirm their ownership of rights, investigation and conviction will be carried out.

PREREQUISITE OF PROSECUTION:  

For a successful prosecution to be made, owners of IP rights have to assist C & ED by providing relevant documents about the infringed rights before investigation, as well as their own products for comparison. Also, right owners have to assist C & ED to verify the infringed products.