TNAG-2529-FCO40-3699-Hong-Kong-intellectual-property-1992 — Page 24

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

Convention for the Protection of Producers

of Phonograms against unauthorized

Duplication of their Phonograms,

Geneva 1971

Item 9.7

The

Phonograms

Convention for the Protection of Producers of

against unauthorized Duplication of their Phonograms ("the Convention") requires Contracting States

to protect producers of phonograms, who are nationals of

other Contracting States, against the making and importation of unauthorized duplicates for public

distribution (text at Annex A).

2.

protect

against

unfair

unauthorized

The Convention requires each Contracting State to

under its domestic law producers of phonograms

duplication for at least 20 years

through one or more of the following: the grant of a

copyright or other specific right; the law relating to competition; and penal sanctions (Articles 3-4). If domestic law requires compliance with certain formalities,

these will be deemed to be fulfilled if all the authorized

duplicates of the phonogram distributed to the public, or

their containers, bear a notice consisting of the symbol P, accompanied by the year date of the first

publication, placed in such manner

to give reasonable

notice of claim of protection. The notice shall also

include the name of the producer, his successor in title or

the exclusive licensee if the duplicates or their

containers do not identify them (Article 5).

CONFIDENTIAL

13

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