TNAG-2128-FCO40-3042-Copyright-(Taiwan)-Order-1985-extension-to-Hong-Kong-1990 — Page 49

8-77

To

MR MANGAT

From:

MR BUCKNILL

Sols C4

Room 120

10-18 Victoria Street

215 3418

26 May 1989

Reference..

THE COPYRIGHT (TAIWAN) ORDER 1985

The

The Copyright (Taiwan) Order 1985 (the "1985 Order") which was made under section 32 of the Copyright Act 1956, applied most

Taiwanese works. of the provisions of the 1956 Act to Copyright (Taiwan Order) (Isle of Man Extension) Order 1987 and the Copyright (Taiwan) (Extension to Territories) Order 1987 (the "1987 Orders"), which were made under section 31 of the 1956 Act extended the 1985 Order to most of the dependent territories (with the notable exception of Hong Kong). The net result of all this is that under the 1985 Order Taiwanese works are protected in the UK and under the two 1987 Orders Taiwanese works are protected in most of the dependent territories.

2

So far as the protection of Taiwanese works in the UK is concerned. on 1 August 1989 the regime under the 1956 Act and the 1985 Order will be swept away and will be replaced by Part I of the CDP Act and the Copyright (Application to Other Countries) Order 1989. However, the CDP Act will not be extended to the dependent territories on 1 August and any protection conferred by them on Taiwanese works can only be.

Two questions have arisen out if at all, under the 1956 Act.

this:

of all

3

(1) After 1 August will the 1985 Order still have the effect that Taiwanese works are protected in the dependent territories under the provisions of the 1956 Act?

(2) After 1 August would it be possible to extend the 1985 Order to Hong Kong so that Taiwanese works will be protected in Hong Kong?

The only thing I can find which seems to touch on this issue is in paragraph 36(2) of Schedule 1 to the CDP Act. That provision clearly keeps alive any Order extending the

However, the question 1956 Act to a dependent territory.

which has to be answered is whether in the terms of paragraph 36(2) the 1987 Orders are Orders "which extend to any dependent territory any provisions of the 1956 Act".

Can

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: