The Berne Convention for the protection of literary artistic works 1886 and the Universal Copyright Convention 1952 require states which are party to the Conventions to provide national treatment to
nationals of other member states. Thus, copyright works created in one member state receive automatic protection in other member states. The United Kingdom is a party to both Conventions, and the Copyright (International Conventions) Order 1979 extended the application of the two Conventions to Hong Kong. However, Taiwan is not party to the two Conventions and has not become part of the multilateral system of copyright protection.
Taiwan Copyright Law
6
Under Taiwan's Copyright Act, enacted in 1985, copyright protection automatically subsists upon creation of the work of Taiwanese nationals. Protection for foreigners is obtained by registration of the copyright work. Registration of foreign copyright is only permitted if reciprocal protection is available to Taiwanese nationals in the country in question.
UK Copyright (Taiwan) Order 1985
7
In
December 1985, the Copyright (Taiwan) Order 1985 (the Order) came into effect. This provided the reciprocity necessary to enable UK copyright owners to obtain protection under the Taiwan Copyright Act.
8
In November 1986, Hong Kong was asked whether the Order should be extended to Hong Kong to allow Hong Kong Copyright owners to obtain protection in Taiwan. A review failed to identify sufficient benefit to Hong Kong to justify embarking on a difficult and sensitive issue.
9
The
decision not to extend the Order to Hong Kong did not cause a protest from local copyright owners because the Taiwanese Government continued to accept, by
administrative means, the registration of Hong Kong copyright.
Localisation of Copyright Law
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Our UK based
localised before 1997. studying Hong Kong's
copyright legislation will need to be The Law Reform Commission has been future copyright needs, including
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