TNAG-1927-FCO40-2744-Future-of-Hong-Kong-Sino-British-Joint-Liaison-Group-sub-gro-1989 — Page 113

ACE.BRIK.KT304.DG3.383

6.

Community negotiation guidelines

3 -

A rather extensive list of guidelines has been added to the recommendation for a decision. The reason for this is that the basic texts to be submitted to the Diplomatic Conference are not yet available. Moreover, the text to be prepared by WIPO will contain alternatives on most substantial Issues because no clear majority emerged during the preparatory work. If a treaty is to be negotiated under such circumstances in the short time available for the Conference, the Community position needs to be defined carefully. The guidelines contained in the annex under point 1 are based on the

They position taken by the Community during the preparatory work. refer in particular to those points where the position does not necessarily have to follow the Directive or where the International context does not require a similar degree of harmonisation to that

needed in the Community.

·

Matters for which common action is required

The topics addressed by the future treaty which do not fall within the scope of Community competence, will nevertheless be of Interest for the Common Market. Diverging positions taken by Member States could have adverse consequences for the Common Market and for the Community as such. Any position taken may influence the conditions in the Common Market as well as the position of Community creators in

third countries party to the treaty.

During the discussions to date, one matter of this nature to have arisan concerns the question of non-voluntary licences, which, apart from the prohibition of certain types of legal licence, Directive 87/54/EEC has left to Member States. Consequently the positions taken on this subject by Member States in their national laws Implementing the Directive vary. However, the future treaty, which would fix the conditions for non-voluntary licences, should contain clear limits for such an important exception to the exclusive right

to be created by the future treaty.