XN000022-1996-11-04 — Page 6

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"The Bill also reflects the agreement reached in the Sino-British Joint Liaison Group in November 1995 on localisation of law proposals."

"The Basic Law provides that the Hong Kong Special Administrative Region Government shall formulate its own policies on and protect by law intellectual property rights. This draft Copyright Bill will provide a modern, local and independent copyright regime in Hong Kong," the spokesman said.

Some of the main legislative proposals include -

A level playing-field for copyright protection worldwide - any original copyright works created by any person or published by any person anywhere in the world would qualify for protection in Hong Kong.

Additional legal tools to facilitate Hong Kong Customs' enforcement and to facilitate co-operation with copyright owners and enforcement authorities in other jurisdictions.

Customs border measures maintained against pirated copyright works.

Decriminalisation of parallel importation; but civil remedies against parallel import maintained. Exclusive licensees may take civil action against those who arrange for parallel importation in breach of exclusive licence agreements.

Rental right for sound recordings and computer programs but not for films. Protection is accorded through civil remedies.

Permitted acts include those for fair dealing, educational purposes, copies kept by or provided by libraries and archives, public administration, re-transmission of signals and transient storage and transmission of material on the INTERNET.

The legitimate interests of copyright owners protected for copyright works on the INTERNET.

Registration on a voluntary basis for collective copyright administration societies to ensure essential information such as scales of royalty charges will be available to public.

Clarified and expanded jurisdiction for the Copyright Tribunal, which will replace the existing Performing Rights Tribunal, to encourage aggrieved parties to seek redress through the Tribunal.