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Mainland Affairs Council

FAQ on Hong Kong & Macao Affairs

Are the copyrighted works of natural persons or legal persons of the Taiwan Area protected in Hong Kong or Macau? What is the scope of protection?

  • Date:2014-12-27

(1) Before Taiwan joined the World Trade Organization (WTO) (before December 31, 2001): According to the Hong Kong Copyright Ordinance reformulated on June 27, 1997, the works of natural or legal persons of the Taiwan Area were able to enjoy copyright protection, with the scope of protection covering: 1. The works of natural or legal persons of the Taiwan Area completed after the aforementioned regulations took effect shall enjoy copyright protection under Article 178 of Hong Kong's Copyright Ordinance; and 2. The works of natural or legal persons of the Taiwan Area that were completed before the aforementioned regulations took effect and were still under copyright may still receive the protection of the Hong Kong Copyright Ordinance in accordance with the stipulations of Article 177 and Item 3 of the Schedule 2. Since September 14, 2000, the government of the Macau Special Administrative Region also has extended copyright protection of the works of residents or legal persons of the Taiwan Area in accordance with the principle of substantive equal protection.

(2) After Taiwan's accession to the WTO (from January 1, 2002): In line with the stipulations of the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), Hong Kong and Macau shall protect the works of Taiwan residents and legal persons, thus the works of natural or legal persons of the Taiwan Area have enjoyed copyright protection in Hong Kong and Macau since January 1, 2002.