TNAG-2300-FCO40-3328-Chinese-copyright-law-implications-for-Hong-Kong-1991 — Page 13

HICCO 31/19

Reference

11

Mr Seaton

FED

CHINA: COPYRIGHT LAW

1.

From:

Jill Barrett

Assistant Legal Adviser

Date: 22 August 1991

CC: Mr Sainty, HKD

p.9.

Salo

Ms Wilmshurst, Legal Counsellor

12

I have received from Mr Britton of the Patent Office a copy of his letter to you of 7 August, together with copies of the Law and Implementing Regulations, his report on a visit by a UK delegation to China to discuss copyright law in February 1991, and the comments of Mr de Freitas. I assume you already have all this material; let me know if not and I will copy it to you.

2. There seems to have been some misunderstanding on Mr Britton's part about the purpose of my suggestion that Beijing's Honorary Legal Adviser be invited to comment on the new Law. Naturally I would not suggest we should look to her for advice instead of the Patent Office or any of our other normal named channels. However I do not see what harm could be done by obtaining her views in addition to the information we already have. She has specialist expertise in the laws of the People's Republic of China and practical experience of the practice of Chinese commercial law in Peking and Hong Kong, and I would think that a commentary from that perspective might be of assistance to those involved in any future negotiations with the Chinese. She might, for example, be able to help us by commenting on the relationship between the Copyright Law and the General Principles of the Civil Law, the Inheritance Law, the Civil Procedure Code and the new Administrative Litigation Law, and on such important aspects as civil liability, the use of mediation in solving disputes, and the practical enforcement of rights by foreign rights owners. (If the P.O. were willing, it would be preferable to supply Mrs Claydon Gescher with copies of Mr Britton's and Mr de Freitas' comments so as to avoid duplicating their work).

3. At best, her views might be a useful supplement to the advice we already have. At worst, she may be too busy, or be unable to tell us anything we do not already know. For a subject of such importance as to warrant the involvement of the Prime Minister I would have hoped we would gladly tap into any potential source of information (especially when it is free). I accept of course that this is a matter for you to decide, but if you do write again to Mr Britton or anyone else in this connection, I should be grateful if you would clear your letter with me in advance.

Jill Banetty

Jill Barrett

CODE 18-77

JB3AAN