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Guidelines on Compliance of Intellectual Property Ordinance
 
 
Table of Content
 
 
Introduction
 
On 1st April 2001, the Intellectual Property (Miscellaneous Amendments) Ordinance 2000 came into force. It introduces criminal liability for end users in possession of copyright infringing articles in business.
 
The University is obliged to observe and to comply with the principles and requirements of the Intellectual Property Ordinance. In response to the new legislation and to honor the intellectual property owned by others, policies and procedures on compliance of Intellectual Property Ordinance are formulated.
 
 
University Policies
 
The University is committed to observe the guidelines set out in the "Reference Guide on Software Asset Management" prepared by the Office of the Government Chief Information Officer of HKSAR. The reference guide clearly defines guidelines on :
  • Software Asset Management
  • Proper use of software
  • Types of unauthorized software
  • Signs of illegally copied software

The Management Board, at its meeting on July 3, 2002, endorsed the implementation of a Software Asset Management scheme in the University, which covers :

  • To revise the procedure for software acquisition;
  • To implement a central software asset inventory;
  • To conduct a full-scale software asset assessment in departments.
 
University Procedures
 
1. Software Acquisition
 
Starting from July 2002, all software acquisitions should be processed through the University's central procurement system. Reimbursement for software purchase through departmental petty cash is not allowed.
 
When placing purchase requisition on software in i-Procurement, departments have to enter item description in the standard format (i.e. software name, version number, type of license and license period).
 
 
2. Software Inventory Record
 
The new Software Inventory System is to assist departments in managing their software inventory and licensing information. It has been incorporated into AIMS under "Software Asset Management" of "Other Systems".
 
Data on software acquisitions will be extracted from purchase orders and added directly to the departmental inventory database. Departments are responsible to enter licensing information and to maintain an up-to-date software inventory.
 
3. Software Asset Self-assessment Exercise
 
To complement the software inventory, the University is also conducting an exercise to assess the actual software that is used on each PC. A software scanning tool developed by the Faculty Laboratory Centre, named SAMScan, is made available to each department to accomplish this exercise. SAMScan can be accessed directly by all staff members from the “Software Tools & Utilities” of CityU intranet. After SAMScan is run, management reports of SAMScan results will be made available in "Software Asset Management" of "Other Systems" in AIMS.
 
The University aims to implement the software asset self-assessment exercise for all departments from September 2002 to March 2003. During the initial exercise in 2002/2003, the Internal Audit Unit will assist the Office of the Chief Information Officer to administer the whole programme and will provide departments with training and assistance. For details of the self-assessment exercise, please click here.
 
 
Guidelines
 
To ensure compliance of Intellectual Property Ordinance in the University, all staff and students should observe the following guidelines.
 
1. Computers and Software
 
Software includes applications, utilities, fonts, drivers, cliparts, music, video files, etc.
(a) Responsibilities of Staff and Students
  • Unlicensed software should not be installed into PC or workstations of the University.
  • Infringing software should not be offered for electronic distribution or sharing, including email, personal web pages, FTP, peer-to-peer utilities, etc.
  • All copyrighted electronic resources should not be downloaded without the consent of the owners.
  • For staff, make sure their workstations are secured from unauthorized access.
 
(b) Responsibilities of Service Providers
 
Service providers are referring to staff or departments who are providing services such as FTP servers, Web servers and departmental servers and are maintaining them.
  • Make sure their servers are secured from unauthorized access. For departments, designate staff to hold responsibility of each service.
  • All software running in their servers must be properly licensed.
  • All copyrighted electronic resources should not be downloaded or distributed without the consent of the owners.
  • Should, at their best endeavour, ascertain all account holders of the service(s) to comply with the Copyright Ordinance.
 
(c) Responsibilities of Departments
  • In purchasing hardware and software, make sure they get the proper software license for use.
  • Make sure all computers in departments are held responsible by designated staff.
 
2. Electronic Resources in Library
 
This includes resources subscribed from publishers and materials put on Web by the Library.
  • Massive downloading is strictly forbidden.
  • Reference materials can only be used on a "fair dealing" basis.
  • License agreements with the publishers must be observed.

3. Web-based Teaching
  • For teaching materials pointing to electronic resources already available in the Library, rules set in point 2 must be observed.
  • When using materials from other sources (e.g. web site, audio/video media, graphic, book, journal, magazine, newspaper, etc.) for teaching, research and course work, staff and students must comply with the terms and conditions if they are stipulated by respective copyright owners, or seek prior approval from the copyright owners.

4. Photocopy
Photocopying books, journals, etc. (within the stipulated portion as stated in the Copyright Ordinance) is permitted in the University provided that the copies are for own private study or research and are within the scope of “fair dealing” basis.
 
 
References

Intellectual Property Laws Update (provided by Intellectual Property Department, HKSAR)
Publications on Intellectual Property (provided by Intellectual Property Department, HKSAR)
Intellectual Property Frequently Asked Questions (provided by Intellectual Property Department, HKSAR)
Reference Guide on Software Asset Management (provided by Office of the Government Chief Information Officer, HKSAR)


 

For comments, please contact Enterprise Solutions Office or e-mail to IP Compliance Officer
 
Last Updated Nov 2006