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Moving into China via Hong Kong

D. Protection of intellectual property

Hong Kong's reputation as a protector and enforcer of intellectual property rights is generally considered as one of the best in the region.

Hong Kong has acceded to the Paris Convention for the Protection of Industrial Property, the Berne International Copyright Convention and the Geneva and Paris Universal Copyright Conventions. In order to meet its obligations under these conventions, Hong Kong has developed comprehensive laws covering trademarks, trade descriptions, copyrights, industrial designs and patents.

The intellectual Property Department was established in 1990. Since then, it has provided a focal point for the development of Hong Kong's intellectual property regime.

E. The 1997 issue

In 1984 the PRC and United Kingdom Governments signed an international treaty - the Joint Declaration on the Question of Hong Kong. This provides that China will resume the exercise of sovereignty over Hong Kong effective July 1, 1997.

The Hong Kong Special Administrative Region (HKSAR) will be established also on July 1, 1997. Among other things, the Joint Declaration Provides that:

1. The HKSAR will enjoy a high degree of autonomy, except in foreign and defense affairs;

2. The current social, economic and legal systems in Hong Kong will remain unchanged. The HKSAR will establish its own economic, trade, monetary and financial policies,

3. Private property, ownership of enterprises, right of inheritance and foreign investments will be protected by law;

4. The Hong Kong dollar will remain freely convertible and no foreign exchange control policy will be applied;

5.The HKSAR will retain its status of a free port, an international fianaci center and a separate customs territory;

6. The HKSAR will have independent finances and China will not levy taxes on it.

The Sino-British Joint Declaration is an international treaty giving rise to rights and obligations under international law and is registered as such in accordance with Article 102 of the United Nations Charter. In 1990 the National People's Congress of China promulgated the Basic Law of the HKSAR which embraces the above basic policies of China regarding Hong Kong. The basic Law will come into effect on July 1, 1997.

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