Fast action scheme now up to speed in Hong Kong
In the past five years (since the Electronic Fair of October, 2006), the FAS has been successfully established. This is the result of a joint eff ort by the HKCED, various business associations, enterprises and individuals including Benny Kong (senior partner at Benny Kong & Yeung). The HKCED is efficient in its work and action so as to prosecute as many infringers as possible.
In the past few years, Benny Kong & Yeung has been actively involved in the FAS. We wish to convey to readers and/or copyright owners the necessary issues so they can co-operate more effectively with the HKCED.
Never communicate with infringers after making complaints
The first point which should be noted by all copyright owners is that after making their complaints to the HKCED, they should not communicate further with the infringers, either directly or through lawyers. Unless there are specific technical reasons, the HKCED will not execute any complaints straight away, so copyright owners should not remind the infringers about the customs investigation.
The HKCED and the copyright owners will suffer loss if the offender is tipped off, and as a result, customs’ efforts will be worthless and copyright owners will lose their opportunity to prosecute the infringers.
Never obstruct the course of justice
It is also vital to avoid being involved in perverting the course of justice. If the infringer is arrested by the HKCED and granted bail, the copyright owner cannot contact the arrested person. Even though such contact is litigation-related, he/she should wait until the court case.
The copyright owner may want to file a civil claim immediately against the infringer for whatever damages it has suffered. But be careful: when communicating with the infringer, the infringer may well try to negotiate a settlement that releases him or her from being charged.
"The HKCED has a standard requirement for copyright drawings that show what goods should be confiscated from suspected infringers."
Copyright owners absolutely cannot accept any civil compensation in return for off setting the charges against infringers or for stopping co-operation with the HKCED. In that scenario, the police will counterprosecute the copyright owners for obstructing the course of justice. Therefore, we suggest that copyright owners should defer any civil claim until the criminal execution is completed.
Appropriate copyright drawings
Some infringers are already well acquainted with defending themselves against criminal prosecution. Therefore the HKCED has to be quick to act in protecting copyright owners’ interests. In order to have a smooth process for prosecutions, the HKCED has a standard requirement for copyright drawings that show what goods should be confiscated from suspected infringers. There are two elements/characteristics that copyright drawings must have, as laid down by the HKCED:
