18.77
ΤΟΥ
MR BUCKNILL
From:
DS MANGAT Sols C4
Room 114
10-18 Victoria Street
215 3402
1 June 1989
Reference..
THE COPYRIGHT (TAIWAN) ORDER 1985
The Taiwan Order and its Thank you for your minute of 25 May.
These Orders extensions present some very tricky questions. are peculiar in that the Extension Orders extend to the Isle of Man and dependencies not the application of the substantive provisions of the 1956 Act but the "reciprocity" accorded by the UK to Taiwanese works.
The
2 On 1 August 1989 the Copyright (Application to Other Countries) Order 1989 will provide, on the basis of reciprocity, copyright protection, with the exceptions and to the same extent as in the 1985 Order, to Taiwanese works.
in effect. 1989 Order is made under provisions that, correspond to those under which (section 32) the 1985 Order was made. By virtue of section (2) (and paragraph 4(3) of Schedule 1 to the 1988 Act) it would appear that since both the 1989 Order in relation to Taiwan and the 1985 Order cannot co-exist as orders made under the same powers with regard to the same matters there is an implied revocation of the 1985 Order by the 1989 Order. If, on that view, the 1985 Order is spent on 1 August it cannot be extended to protect Taiwanese works in Hong Kong.
3
The 1987 Extension Orders appear to have a different character. Under section 31(2) of the 1956 Act the powers conferred by section 31(1) are exercisable in relation to an Order in Council made under section 32 (the enabling power for the 1985 Order). The 1987 Orders (made under section 31) appear to have a life of their own, quite independent of the 1985 Order whether spent or not. They continue as such on the assumption that they are made under the corresponding provisions (section 157(3)) of the 1988 Act.
The effect, as I
see it, is that they continue to apply until revoked or new orders are made.
J