XN000022-1991-01-28 — Page 6

5

MONDAY, JANUARY 28, 1991

JUSTICE

HAS

THE LAW REFORM COMMISSION SUB-COMMITTEE, CHAIRED BY MR NAZARETH, HAVING STUDIED IN THE PAST THREE YEARS THE MANY SUBJECTS AND ISSUES WITH THE ASSISTANCE OF SEVEN WORKING GROUPS OF EXPERTS, MADE TENTATIVE RECOMMENDATIONS, WHICH ARE CONTAINED IN A CONSULTATIVE DOCUMENT

RECOMMENDATIONS PUBLISHED TODAY (MONDAY).

THESE

AMENDED IN THE LIGHT OF PUBLIC COMMENTS.

WILL BB

INDUSTRIAL DESIGN

THE

MAJORITY OF

RECOMMENDED SUB-COMMITTEE MEMBERS INDUSTRIAL DESIGN REGISTRY BE ESTABLISHED TO PROTECT ARTISTIC APPLIED INDUSTRIALLY. APART FROM FACILITATING THE SEARCH FOR LOCALLY, A HONG KONG BASED REGISTRY COULD ALSO REGISTER DESIGNS.

COMPUTER

THAT

AN

DRSIONS

NOVELTY

FOREIGN

PROTECTED

AT PRESENT A COMPUTER PROGRAM IS

AS A LITERARY COPYRIGHT WORK. THE SUB-COMMITTEE recommeNDED THAT THE DURATION OF PROTECTION OF A COMPUTER PROGRAM SHOULD BE THE AUTHOR'S LIFE PLUS 50 YEARS. A 50-YEAR TERM SHOULD APPLY IF THERE IS NO HUMAN AUTHOR.

THE

ALSO SUB-COMMITTEE

RECOMMENDED THAT

THE WHEN

COMPUTER DESTROYED, THE EASILY

RIGHT HAD

PROGRAM IS FIXED INTO A MEDIUM WHICH CAN BE MAKING OF BACK-UP COPIES SHOULD BE PERMITTED UNLESS THAT BEEN EXPRESSLY EXCLUDED IN THE CONTRACT OF SALE.

NOT

IT IS THE VIEW OF THE SUB-COMMITTEE THAT THE MERE POSSESSION OF

A COPIES

BE

CRIMINAL OF COMPUTER PROGRAMS SHOULD INFRINGING

IN ТАВ OFFENCE. THE USE OF AN INFRINGING COPY OF A COMPUTER PROGRAM BUSINESS ENVIRONMENT SHOULD ALSO NOT BE A CRIMINAL OFFENCE IF SUCH USE IS MERELY INCIDENTAL TO THE BUSINESS.

ON THE OTHER HAND, THE

SUB-COMMITTEE RECOMMENDED

AGAINST

PENALTIES

COMMERCIAL PIRACY AND DISTRIBUTION COPIES OF COMPUTER PROGRAMS.

OF

HEAVY INFRINGING

BROADCASTING

SHOULD

SATELLITE

THE SUB-COMMITTEE FELT THAT THE DEFINITION OF BROADCAST ENCOMPASS LOCAL RADIO AND TELEVISION

AND SERVICES

BROADCASTING.

IN THE CASE OF SATELLITE BROADCASTING, THE PLACE FROM WHICH THE CARRYING THE BROADCAST IS MADE IS THE PLACE FROM WHICH THE SIGNALS BROADCAST ARE TRANSMITTED TO THE SATELLITE.

THE DEFINITION OF CABLE PROGRAMME SERVICE RANGE OF DIFFERENT TYPES OF CABLE DIFFUSION BUT EXCLUDE CLOSED CIRCUIT INTERNAL BUSINESS SERVICES, PERSONAL AND DOMESTIC CABLE CABLE SYSTEMS WITHIN PREMISES IN SINGLE OCCUPATION.

SHOULD INCLUDE A

SYSTEMS AND

SERVICE RE-TRANSMIT

IN ORDER TO ENCOURAGE COMPETITION, THE CABLE PROGRAMME

SHOULD PROVIDER

AND IMMEDIATELY BE OBLIGED TO RECEIVE WIRELESS TELEVISION BROADCASTS.

/BLANK TAPE_LEVY