XN000022-1991-01-28 — Page 10

MONDAY, JANUARY 28, 1991

SIMILARLY, ANY LITERARY, DRAMATIC, MUSICAL OR

ARTISTIC WORK

THAT HAS IN THE COURSE OF PUBLIC BUSINESS BEEN COMMUNICATED ΤΟ THE ADMINISTRATION MIGHT BE COPIED OR ISSUED TO THE PUBLIC FOR THE PURPOSE FOR WHICH IT WAS COMMUNICATED TO THE ADMINISTRATION, OR FOR ANY RELATED PURPOSE WHICH COULD REASONABLY HAVE BEEN ANTICIPATED BY THE COPYRIGHT OWNER.

COLLECTING SOCIETIES

THE

ISSUES CONCERNING THE JOINT EXPLOITATION OF COPYRIGHT BY COPYRIGHT OWNERS THROUGH COLLECTING SOCIETIES, THE MECHANISM FOR COPYRIGHT DISPUTE SETTLEMENT, REMEDIES AND SPECIAL COURT PROCEDURES WERE ALSO REVIEWED.

THE SUB-COMMITTEE OBSERVED THAT IT HAD NOT BEEN THE ADMINISTRATION'S POLICY TO INTERVENE IN PRIVATE COMMERCIAL MATTERS UNLESS THERE WERE GOOD REASONS FOR INTERVENTION.

IT RECOMMENDED THAT THERE SHOULD BE A LIMITED STATUTORY FRAMEWORK UNDER SUITABLE CIRCUMSTANCES REGULATING COLLECTING SOCIETIES IN HONG KONG SO AS TO SAFEGUARD THE INTERESTS OF BOTH COPYRIGHT OWNERS AND COPYRIGHT USERS.

COPYRIGHT TRIBUNAL

THE SUB-COMMITTEE RECOMMENDED AN EXTENSION OF THE JURISDICTION OF THE EXISTING PERFORMING RIGHT TRIBUNAL WHICH SHOULD BE RENAMED THE COPYRIGHT TRIBUNAL. IT SHOULD HAVE ADDITIONAL JURISDICTION TO MODIFY LICENCES WHERE THE TERMS ARE UNREASONABLE, AND OVER DISPUTES REGARDING INDUSTRIAL DESIGN COPYRIGHT.

PROVISIONS SHOULD BE ENACTED TO EMPOWER THE COPYRIGHT TRIBUNAL TO AWARD INTERIM PAYMENT IN FAVOUR OF THE LICENSING BODY AND ΤΟ RESTRICT THE LICENSING BODY'S LIBERTY TO APPLY FOR INTERLOCUTORY INJUNCTION AGAINST THE LICENSEE, PENDING FINAL DETERMINATION BY THE TRIBUNAL.

CIVIL REMEDIES

IN RELATION ΤΟ CIVIL REMEDIES, THE MAJORITY OF THE BUB- COMMITTEE THOUGHT CONVERSION DAMAGES WERE A HARSH REMEDY AND SHOULD BR REMOVED.

CONVERSION DAMAGES ARE ASSESSED ON THE BASIS OF THE VALUE OF INFRINGING COPY WITHOUT ANY DEDUCTION FOR THE COST OF MANUFACTURE OR PURCHASE BY THE UNSUCCESSFUL DEFENDANT.

THE

THE MEMBERS RECOMMENDED THAT THE COURT SHOULD HAVE DISCRETION ΤΟ AWARD ADDITIONAL DAMAGES WHERE THE INFRINGEMENT WAS FLAGRANT, OR TO TAKE ACCOUNT OF ANY BENEFIT ACCRUING TO THE WRONG- DOER.

A MAJORITY OF THE MEMBERS ALSO RECOMMENDED THE CREATION OF A CIVIL REMEDY IN DAMAGES TO COUNTER GROUNDLESS THREATS OF PROCEEDINGS, ESPECIALLY AGAINST CUSTOMERS.

/CRIMINAL SANCTIONS

Page 10Page 11