TNAG-2300-FCO40-3328-Chinese-copyright-law-implications-for-Hong-Kong-1991 — Page 40

41. In discussion, the following points emerged. Because of departures from Berne standards of protection it will probably be necessary to enter into reciprocal arrangements for the protection of foreign programs. Registration will not require the complete disclosure of source code. Detailed regulations are being drafted and the Brazilian and US Copyright Office models were being examined. Withholding of "trade secrets" would be possible.

Observations

42.

The above seems to provide a reasonably satisfactory regime of protection and we should be prepared to enter into reciprocal arrangements if the Chinese deliver. We will however need to consult our software interests, particularly with regard to what registration requirements they are prepared to accept.

DISCUSSIONS WITH THE COPYRIGHT AGENCY OF CHINA

43. The agency's main functions are

44.

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to facilitate copyright dealings with foreign rights owners

to act on behalf of authors in relation to the licensing, assignment and enforcement of their rights

- to collect and remit copyright fees to authors

- to provide contractual and other advice to

authors.

The agency's main business (around 1000 dealings to date) is with authors in Hong Kong, Taiwan and Macau, but business links have also been established with Japan and Singapore.

The agency

45. The following points emerged in discussion. only deals at present with individual authors; its ability to act on behalf of foreign collecting societies will depend on regulations yet to made. Use of this services is optional (at a fee of 10%) but facilitates access to the very large number of Chinese publishing houses. Although its main business is with literature it has concluded deals involving phonogram rights, theatrical performance rights for plays and exhibition rights for fine art and photographs.

46. On its enforcement role, the Agency said that while it could act on authors' behalf, authors could themselves approach the relevant national or regional bodies (e.g. NCAC, the Press and Publications Administration) which had discretionary powers to deal with cases of infringement, or could go directly to the courts (this last option had not so far been used).

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