Thursday, October 02, 2008

WIPO Internet Treaties In Effect in Hong Kong After PRC

The WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT), which are considered necessary to adapt the copyright law and related rights law to the challenges of digital technologies, came into effect in Hong Kong SAR (which is a separate jurisdiction from the People's Republic of China) on October 1st, 2008. Read more here.

In the People's Republic of China, the WCT and WPPT (together also called Internet treaties) came already in effect into the People's Republic of China on June 9, 2007. See here and here.
Pursuant to article 15(3) WPPT, the People's Republic of China will not apply the provisions of article 15(1) WPPT.

Article 15(1) WPPT: Performers and producers of phonograms shall enjoy the right to a single equitable remuneration for the direct or indirect use of phonograms published for commercial purposes for broadcasting or for any communication to the public.

Article 15 (3) WPPT: Any Contracting Party may, in a notification deposited with the Director General of WIPO, declare that it will apply the provisions of paragraph (1) only in respect of certain uses, or that it will limit their application in some other way, or that it will not apply these provisions at all.

No comments: