otherwise (e.g. an oral contract) state-prescribed
remuneration would apply. Plagiarism (Article 46(i)) meant reproducing in substantial part.
WIND UP DISCUSSION WITH LIU GAO, DEPUTY DIRECTOR GENERAL OF NCAC
54. We rehearsed the understandings (recorded above) which we believed we had reached. Liu Gao confirmed them but was
careful to point out that the views of NCAC were not necessarily determinative: the State Council would take the final decisions. He was interested in our views on the acceptability of registration in the context of computer programs (I said that as long as subsistence of copyright did not depend on registration and the disclosure requirements were not onerous, the principle was probably acceptable) and what should be done about design protection (I said that shape and configuration of ordinary industrial articles should not be protected by copyright but that the application of artistic works to industrial articles should not preclude protection. Denis de Freitas advised against tackling design protection at this time).
55. Liu Gao also pointed out that the Department responsible for scientific research was worried about being denied access to foreign works if China were to accede to Berne. Ian Taylor pointed out that the copyright systems can facilitate such
He said that UK access, pointing to India as a good example. publishers would be happy to make works available on realistic (but not give-away) hard currency terms.
hard currency terms. He offered to supply. model contracts and remarked that there could be problem if cheap editions were allowed to be exported from China. Gao said this would not be allowed.
Liu
56. Finally, Liu Gao remarked that WIPO (Ficsor) had recently taken a positive view on the compatibility of the new law with
He noted that Berne in most major respects.
Malaysia had taken the view that the multilateral route to the protection of foreign works was to be preferred. I said that this accorded with the UK's general policy but stressed that this was not absolute and that the UK would be interested in establishing bilateral relations if China felt unable to accede to Berne in the near future.
DISCUSSIONS WITH SHANGHAI PRESS AND PUBLICATION ADMINISTRATION AND COPYRIGHT DEPARTMENT
57. These discussions were characterised by a more cautious approach to the question of protecting foreign works than we encountered in Beijing. Thinking centred more on problems to be faced (education, enforcement &c) than opportunities to be grasped. The administration appeared to assume that foreign protection was not possible until these domestic difficulties had been overcome and an infrastructure of agencies and
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