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[接上页] (b) by adding- "(3) It is immaterial for the purpose of subsection (1)(c) whether or not the trade or business consists of dealing in articles specially designed or adapted for making copies of copyright works.". 4. Infringement of right by possessing or dealing with infringing article Section 95 is amended- (a) in subsection (1)- (i) by repealing paragraph (a) and substituting- "(a) possesses for the purpose of, in the course of, or in connection with, any trade or business;";(ii) by repealing paragraph (c) and substituting- "(c) exhibits in public or distributes for the purpose of, in the course of, or in connection with, any trade or business; or";(iii) in paragraph (d), by repealing "otherwise than for the purpose of trade or business" and substituting "(otherwise than for the purpose of, in the course of, or in connection with, any trade or business)";(b) by adding- "(1A) It is immaterial for the purpose of subsection (1)(a) and (c) whether or not the trade or business consists of dealing in infringing articles.". 5. False attribution of work Section 96 is amended- (a) in subsections (5) and (6), by repealing "for the purpose of trade or business" and substituting "for the purpose of, in the course of, or in connection with, any trade or business"; (b) by adding- "(6A) It is immaterial for the purpose of subsections (5) and (6) whether or not the trade or business consists of dealing in- (a) works or copies of works in or on which there are false attributions; or (b) altered works or copies of altered works.". 6. Order for delivery up Section 109 is amended- (a) in subsection (1)(a), by repealing "for the purpose of trade or business" and substituting "for the purpose of, in the course of, or in connection with, any trade or business"; (b) by adding- "(1A) It is immaterial for the purpose of subsection (1)(a) whether or not the trade or business consists of dealing in infringing copies of copyright works.". 7. Criminal liability for making or dealing with infringing articles, etc. Section 118 is amended- (a) in subsection (1)- (i) in paragraphs (d) and (e), by repealing "for the purpose of trade or business" and substituting "for the purpose of, in the course of, or in connection with, any trade or business"; (ii) in paragraph (f), by repealing "otherwise than for the purpose of trade or business" and substituting "(otherwise than for the purpose of, in the course of, or in connection with, any trade or business)";(b) in subsections (4), (5) and (8), by repealing "for the purpose of trade or business" and substituting "for the purpose of, in the course of, or in connection with, any trade or business"; (c) by adding- "(8A) It is immaterial for the purpose of subsections (1)(d) and (e), (4) and (8) whether or not the trade or business consists of dealing in infringing copies of copyright works.". 9. Making infringing copies outside Hong Kong, etc. Section 120 is amended- (a) in subsection (2), by repealing "for the purpose of trade or business" and substituting "for the purpose of, in the course of, or in connection with, any trade or business"; (b) by adding- "(2A) It is immaterial for the purpose of subsection (2) whether or not the trade or business consists of dealing in infringing copies of copyright works.". 10. Minor definitions Section 198 is amended- (a) by renumbering it as section 198(1); (b) by adding- "(2) In sections 31(2), 32(3), 95(1A), 96(6A), 109(1A), 118(8A) and 120(2A), "dealing in" (经营) includes buying, selling, letting for hire, importing, exporting and distributing.". 11. Index of defined expressions Section 199 is amended- (a) by repealing "198" wherever it appears and substituting "198(1)"; (b) by adding- "dealing in section 198(2)". 12. Infringement of performer's rights by importing, exporting, possessing or dealing with infringing fixation Section 207 is amended- (a) by repealing subsection (1)(b) and substituting- "(b) for the purpose of, in the course of, or in connection with, any trade or business- (i) possesses; (ii) makes available to the public; (iii) sells or lets for hire; (iv) offers or exposes for sale or hire; or (v) distributes,";(b) by adding- "(1A) It is immaterial for the purpose of subsection (1)(b) whether or not the trade or business consists of dealing in infringing fixations.". 13. Infringement of fixation rights by importing, exporting, possessing or dealing with infringing fixation Section 211 is amended- (a) by repealing subsection (1)(b) and substituting- "(b) for the purpose of, in the course of, or in connection with, any trade or business- (i) possesses; (ii) makes available to the public; (iii) sells or lets for hire; (iv) offers or exposes for sale or hire; or (v) distributes,";(b) by adding- "(1A) It is immaterial for the purpose of subsection (1)(b) whether or not the trade or business consists of dealing in infringing fixations.". 14. Order for delivery up Section 228 is amended- |