CONFIDENTIAL
FM FCO
TO PRIORITY HONG KONG
TELNO 1200
OF 261645Z JUNE 91
of
CONFIDENTIAL
Ms Barrett O.r.
Do
you
Lave any
points to add?
I pa (new file)
ви
2716.
INFO ROUTINE PEKING, UKREP JLG HONG KONG
5
YOUR TELNO 1774: PRC COPYRIGHT PROTECTION
1.
7
011323 MDLOAN 5826
TOP COPY HKCO31/14
Q DIST?
WE HAVE DISCUSSED THIS WITH THE PATENT OFFICE. THE UK IS CONSIDERING A BILATERAL AGREEMENT WITH CHINA IN ORDER TO OBTAIN RECIPROCAL PROTECTION, BUT IT IS TOO EARLY TO SAY WHETHER WE WILL PROCEED: THE PATENT OFFICE ARE CURRENTLY CONSULTING INTERESTED DEPARTMENTS. WE SHALL KEEP YOU INFORMED.
2. WE HAVE HOWEVER IDENTIFIED CERTAIN DIFFICULTIES WHICH MIGHT ARISE OVER THE EXTENSION OF SUCH AN AGREEMENT TO HONG KONG. FIRST, ON A POLITICAL LEVEL, IT IS NOT CLEAR THAT THE CHINESE WOULD ACCEPT THAT A UK/CHINA BILATERAL COULD BE EXTENDED TO HONG KONG, GIVEN THEIR VIEW OF HONG KONG AS PART OF THE PRC. WE ARE NOT AWARE OF A PRECEDENT. GRATEFUL TO KNOW IF YOU OR PEKING ARE AWARE OF ANY UK/CHINA AGREEMENTS EXTENDED TO HONG KONG, ESPECIALLY RECENT ONES.
3.
SECOND, THERE ARE POSSIBLE COMPLICATIONS AT THE TECHNICAL LEVEL. AS WE UNDERSTAND IT, CURRENT HONG KONG LAW IN THIS AREA IS THE 1956 UK COPYRIGHT ACT (UNDER PROVISIONS EXTENDED TO HONG KONG IN 1972 AND 1979) WHICH HAS NOW BEEN REPEALED IN RESPECT OF THE UK. CHINA WOULD NOT THEREFORE BE GETTING THE SAME LEVEL OF PROTECTION IN THE UK AND IN HONG KONG UNDER A JOINT BILATERAL. WE ALSO NEED TO TAKE INTO ACCOUNT THE FACT THAT THE 1988 COPYRIGHT, DESIGNS AND PATENTS ACT HAS NOT BEEN EXTENDED TO HONG KONG (EVEN THOUGH YOUR OWN LEGISLATION, WHICH WE UNDERSTAND YOU ARE CURRENTLY DRAFTING, MAY BE CLOSELY BASED ON THE 1988 ACT).
LEGAL ADVISERS ARE STUDYING THE NEW PRC COPYRIGHT LAW: WE SHALL REVERT IF THEY HAVE FURTHER COMMENTS.
4.
5.
THERE IS CONSIDERABLE PRESSURE ON THE CHINESE (NOTABLY FROM THE AMERICANS) TO ACCEDE TO THE BERNE CONVENTION, OR AT LEAST TO COMPLY WITH ITS PROVISIONS. IN THIS CASE, THERE WOULD NO LONGER
BE ANY NEED FOR AN AGREEMENT SINCE THE BERNE CONVENTION AFFORDS
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