The

Patent Office

Annadele Bouch

Hong Kong Department

Foreign and Commonwealth Office London SW1A 2AH

35

нис озі lis

Intellectual Property

Policy Directorate

Hazlitt House

45 Southampton Buildings London WC2A 1AR United Kingdom

Enquiries

071-438 4777

Telex 498040 PATOFF G

Fax 071-438 4780/4713

Direct line 071-4384756

Our ref IPP 36862

Your ref

Date 15 September 1993

Dear Ancadele

COPYRIGHT ACT 1956: HONG KONG

1.

1993 انان - 2

I am writing to enquire whether there have been any developments since you showed us your letter dated 13 August to Peter Harrison in Hong Kong?

2. In particular, I wonder whether you can elucidate on some information I have recently received from one of our interests? Previous information you have given me suggested that a cable programme service is to commence in Hong Kong in October. The International Federation of Phonogram Producers (IFPI) have received information from a source in Hong Kong (I am not sure who, but allegedly someone close to Government) that, in fact, a cable programme service is unlikely to commence for another couple of years as the cable network will not be in place until then. In the meantime, the cable programme licensee plans to launch an encrypted broadcasting service in October.

3. If this is true, then clearly the 1984 changes to the 1956 Act, making the inclusion of a work in a cable programme a restricted act and giving copyright protection to a cable programme, which we cannot extend to Hong Kong would not be immediately useful in any case. The 1984 Act did make some changes to the 1956 Act regarding copyright in a broadcast, but the restricted act of inclusion of a copyright work in a broadcast has always been in the 1956 Act and was unchanged by the 1984 Act. IFPI have apparently been told by their source in Hong Kong that the 1956 Act is inadequate to deal with any aspects of the encrypted broadcasting service but they are unconvinced that the problems are as great as suggested.

An Executive Agency of the Department of Trade and Industry

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