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Q.1Where can I obtain the information on the licensed optical disc factories?
A.1

According to section 31(2) of the Prevention of Copyright Piracy Ordinance, the Commissioner of Customs and Excise shall maintain a register on licensees for inspection by members of public.

Including in the register are the name of licensee/company, manufacturing address, licence's valid period, assigned manufacturer's code and types of optical discs manufactured.

Members of the public can inspect the register during office hours at the Intellectual Property Intelligence and Licensing Division of Intellectual Property Investigation Bureau. Photocopying services are also available to the public at the government standard fees.

Q.2What are the procedures for importing or exporting VCD or CD-R?
A.2

At present, the import or export of optical discs, including VCD and CD-R, is not subject to any control. Nevertheless, an importer or exporter must lodge the trade declaration required under the Import ordinance.

Q.3What are the procedures for the import or export of ODMRE?
A.3

Any person, who imports or exports ODMRE, must apply for an import or export licence by completing the stipulated forms (for import - use Form 3(TRA 187); export - use Form 6(TRA394)).

For details, please visit "Optical Disc Mastering and Replication Equipment".

Q.4What are the procedures for changing the particulars of a licensed optical disc manufacturer (such as change of licensee, company address etc.)?
A.4

If licensee wishes to change any particulars set out in his application for a manufacturer's licence, please ask him / her to contact the Intellectual Property Intelligence and Licensing Division at 2851 1625.

Q.5Could the requirement of marking the manufacturer's code on optical disc be exempted for CD-R production in Hong Kong?
A.5

According to the Prevention of Copyright Piracy Ordinance, a licensee must mark the assigned manufacturer's code onto every optical disc manufacturer by him. There is no exemption for CD-R or CD-RW production. Any failure to comply with the condition of marking the manufacturer's code is liable to prosecution.

Q.6Is it necessary to apply for a manufacturer's licence if a CD-R or CD-RW writer is used for the copying or recording of data?
A.6

Using CD-R or CD-RW writer for the copying or recording of data is not subject to control under the Prevention of Copyright Piracy Ordinance. A manufacturer's licence is thus not required. However, it is necessary to ensure that the copying or recording of data is authorised or lawful so as to avoid committing any offence under the Copyright Ordinance.

Optical Disc Mastering and Replication Equipment