XN000022-1994-01-06 — Page 10

THURSDAY, JANUARY 6, 1994

AN

COPYING OR ADAPTATION OF A COMPUTER PROGRAMME AS ESSENTIAL STEP IN THE UTILISATION OF THE COMPUTER PROGRAMME SHOULD BE PERMITTED. THE EXISTING LAW SUGGESTS THE

COPYRIGHT OWNER'S CONSENT IS REQUIRED.

AND

AT

* THE COMMISSION RECOMMENDS A SCHEME OF STATUTORY CONTROL FOR

COLLECTING SOCIETIES, THE BODIES WHICH COLLECT DISTRIBUTE ROYALTIES ON BEHALF OF COPYRIGHT OWNERS. PRESENT, THERE IS NO SUCH CONTROL.

"

THE COMMISSION RECOMMENDS (BUT WITH SOME RESERVATIONS) THE CONTINUATION OF THE EXISTING RIGHT OF THE COPYRIGHT OWNER TO RESTRICT PARALLEL IMPORTS. (THESE ARE NOT "PIRATE COPIES BUT COPIES LAWFULLY MANUFACTURED ELSEWHERE AND IMPORTED ΤΟ HONG KONG IN BREACH OF AN EXCLUSIVE DISTRIBUTION LICENCE).

THE COMMISSION RECOMMENDS THE CREATION OF A NEW COPYRIGHT TRIBUNAL, BASED ON THE EXISTING PERFORMING RIGHT TRIBUNAL BUT WITH EXTENDED JURISDICTION.

THE NEW TRIBUNAL WOULD HAVE POWERS TO ADJUDICATE WHETHER OR NOT A LICENSING SCHEME WAS REASONABLE.

AS

ΤΟ

IT WOULD ALSO BE EMPOWERED TO SETTLE DISPUTES OVER DESIGN RIGHT. THE NEW TRIBUNAL WOULD BE CHAIRED BY A LEGALLY QUALIFIED PERSON, ASSISTED BY A NUMBER OF LAY ASSESSORS FROM

THE COPYRIGHT FIELD.

RELEASING DETAILS OF THE COMMISSION'S REPORT, THE CHAIRMAN OF THE COMMISSION, THE ATTORNEY GENERAL, MR JEREMY MATHEWS, PAID TRIBUTE TO THE WORK OF THE SUB-COMMITTEE, CHAIRED BY MR JUSTICE NAZARETĤ.

"THIS IS A COMPLEX AREA OF THE LAW AND THE COMMISSION'S REPORT REFLECTS THE IMMENSE AMOUNT OF HARD WORK PUT INTO THIS SUBJECT BY THE MEMBERS OF THE SUB-COMMITTEE, HE SAID

THE REPORT WILL BE FORWARDED TO THE TRADE AND INDUSTRY BRANCH FOR CONSIDERATION AND NECESSARY FOLLOW-UP ACTION.

GOVERNOR APPOINTS NEW MEMBER TO BOUNDARY AND ELECTION COMMISSION

* *

THE GOVERNOR HAS APPOINTED MR NORMAN LEUNG NAI-PANG A MEMBER OF THE BOUNDARY AND ELECTION COMMISSION (BEC) TO REPLACE MR ROBERT GEORGE KOTEWALL, QC, WITH EFFECT FROM JANUARY 1.

THE APPOINTMENT HAS BEEN MADE ON THE NOMINATION BY THE PRESIDENT OF THE LEGISLATIVE COUNCIL.

MR JUSTICE WOO

THE THRRB-MEMBER BEC ORIGINALLY COMPRISED KWOK-HING AS CHAIRMAN AND PROFESSOR LEUNG CHI-KEUNG, AND MR KOTEWALL AS MEMBERS.

/OWING TO

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