8

CONFIDENTIAL

SAVINGS DESPATCH

HKK 16/2

From the Secretary of State for Foreign and Commonwealth Affairs

To The Governor, HONG KONG.

14 May, 1970.

No. 173

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16)

Your saving despatch No. 1266 of 15 November, 1969.

Copyright Legislation

We regret the delay in dealing with this matter, and we shall send you a definitive reply as soon as possible.

2. Meanwhile, we invite your attention to the United Kingdom Design Copyright Act, 1968, a copy of which is enclosed together with an explanatory memorandum.

3.

This Act amends section 10 of the Copyright Act, 1956, and is intended to improve the protection available to those designs for which protection by means of registered design is either unsuitable

because of the nature of the design, impossible.

4 The extension of this Act to Hong Kong would mean that Hong Kong works of applied art would be protected in those countries of the Berne Convention which protect such works under their Copyright leg- islation provided that such works passed the "artistic" tests which some of those countries apply. Hong Kong would, of course, have to protect works produced by nationals of convention countries.

5. If you consider that the Design Copyright Act ought to be exten- ded to Hong Kong, this should clearly be done at the same time as the Copyright Act, 1956, is itself extended to the Colony.

6. Grateful for your views.

Copy

sent 15 Mr Thomas Trade Policy Dept, with enclosures

Mo

14.8-70

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