Here is a detailed article based on the provided JETRO report, written in a polite tone:
Hong Kong’s Counterfeit Control Efforts: The Pivotal Role of the “Expert Witness System”
Tokyo, Japan – September 2, 2025 – The Japan External Trade Organization (JETRO) has released a comprehensive report highlighting the critical importance of Hong Kong’s “Expert Witness System” in its ongoing battle against counterfeit goods. Titled “Hong Kong’s Counterfeit Control Efforts: The Pivotal Role of the ‘Expert Witness System’,” the report, published on September 2, 2025, offers valuable insights for businesses operating in or trading with the region.
The report underscores that Hong Kong, a major international trade and financial hub, has long faced challenges from the proliferation of counterfeit products. While various enforcement measures are in place, the JETRO publication points to the sophisticated “Expert Witness System” as a key differentiator and a crucial element in strengthening the region’s intellectual property protection framework.
Understanding the Expert Witness System
At its core, the Expert Witness System in Hong Kong allows for the appointment of qualified individuals who can provide specialized knowledge and opinions to the courts in legal proceedings. In the context of counterfeit goods cases, these experts play a vital role in establishing the authenticity or falsity of products in dispute.
JETRO’s report details how these experts are typically drawn from a pool of individuals possessing deep technical expertise in specific product categories, such as electronics, luxury goods, pharmaceuticals, or apparel. Their qualifications are rigorously assessed, ensuring they possess the necessary experience and knowledge to offer credible and impartial testimony.
Key Functions and Impact
The “Expert Witness System” contributes significantly to the effectiveness of counterfeit control in Hong Kong through several key functions:
- Establishing Authenticity: When a dispute arises regarding the legitimacy of a product, an appointed expert witness can conduct thorough examinations and provide a definitive opinion on whether the item is genuine or a counterfeit. This scientific and technical assessment is invaluable for judges who may not possess specialized knowledge of specific product intricacies.
- Facilitating Legal Proceedings: The expert’s testimony provides crucial evidence, simplifying the legal process and helping to expedite judgments. This is particularly important in complex cases involving intricate product designs or advanced manufacturing techniques.
- Deterring Infringement: The existence of a robust system that can reliably identify and prove the existence of counterfeit goods acts as a significant deterrent to counterfeiters. Knowing that their illicit activities are likely to be detected and met with strong legal repercussions discourages them from operating in the market.
- Supporting Damages Claims: Expert opinions can also be instrumental in quantifying the damages suffered by rights holders due to the sale of counterfeit products. This helps ensure that victims receive appropriate compensation for their losses.
- Promoting Cross-Border Cooperation: The system’s reliance on established standards and transparent procedures also contributes to smoother cooperation with international law enforcement agencies and intellectual property offices, enhancing global efforts to combat counterfeiting.
Implications for Businesses
For Japanese companies and other international businesses that export to or manufacture in Hong Kong, understanding this system is paramount. The report suggests that businesses should:
- Be Aware of IP Rights: Clearly define and register their intellectual property rights in Hong Kong to be in a position to leverage the legal framework.
- Utilize the System: In cases of suspected counterfeiting, businesses should be prepared to engage with the Expert Witness System as part of their legal strategy.
- Seek Expert Advice: Consulting with legal professionals experienced in Hong Kong’s IP law and the Expert Witness System is highly recommended to navigate potential disputes effectively.
JETRO’s comprehensive analysis emphasizes that while technological advancements and robust enforcement are vital, the human expertise and impartial judgment provided by the “Expert Witness System” are indispensable in Hong Kong’s ongoing mission to safeguard intellectual property and maintain a fair marketplace. The report serves as a valuable resource for businesses seeking to protect their brands and products in this dynamic economic region.
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日本貿易振興機構 published ‘香港の模倣品対策の鍵を握る「鑑定人制度」’ at 2025-09-02 15:00. Please write a detailed article about this news in a polite tone with relevant information. Please reply in English with the article only.