Thursday, September 03, 2009

HK Government Wants Your Views on Copyright Tribunal Rules

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Which direction should the Copyright Tribunal Rules go?

Since 1999 Hong Kong uses a Copyright Tribunal, which is an independent and quasi-judicial body established under the Copyright Ordinance to hear and resolve disputes about:

- Licensing schemes;
- Licensing by licensing bodies;
- Determining the award for employees for using his/her work outside reasonable contemplation;
- Obtaining Tribunal's consent on behalf of owners of right of reproduction of a performance or on behalf of the owner of the performers' rental rights;
- Applications for determination of equitable remuneration to persons entitled to restrain rental by virtue of commencement of section 10 of the Intellectual Property (World Trade Organisation Amendments) Ordinance 1996;
- Applications for determination of compensation arising from contrary rights as a result of the commencement of the Copyright Ordinance.
See more about the scope of the Copyright Tribunal here.

The current Copyright Tribunal Rules you can find here.

Key proposals on the drafting approach and direction are:
* applying the relevant principles of the Civil Justice Reform as the fundamental value of dispute resolution before the tribunal;
* prescribing one standard procedure and application form for all types of applications/references before the tribunal;
* empowering the tribunal to exercise active case management;
* promoting alternative dispute resolution;
* empowering a single member of the tribunal to exercise certain adjudication powers;
* using practice directions to regulate proceedings before the tribunal, if appropriate; and
* prescribing a set of self-contained rules.

Public consulation closes September 30th, see here.

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