Schedule 2 — Labelling and packaging etc. of imported goods etc.

Copyright Act 1968

1  Subsection 10(1) (definition of infringing copy )

Omit all the words after “importer,”, substitute:

but does not include:

                      (f)  a non-infringing book whose importation does not constitute an infringement of that copyright; or

                     (g)  a non-infringing accessory whose importation does not constitute an infringement of that copyright.

2  Subsection 10(1)

Insert:

accessory , in relation to an article, means one or more of the following:

                     (a)  a label affixed to, displayed on, incorporated into the surface of, or accompanying, the article;

                     (b)  the packaging or container in which the article is packaged or contained;

                     (c)  a label affixed to, displayed on, incorporated into the surface of, or accompanying, the packaging or container in which the article is packaged or contained;

                     (d)  a written instruction, warranty or other information provided with the article;

                     (e)  a record embodying an instructional sound recording, or a copy of an instructional cinematograph film, provided with the article;

but does not include:

                      (f)  any label, packaging or container on which the olympic symbol (within the meaning of the Olympic Insignia Protection Act 1987 ) is reproduced; or

                     (g)  a manual sold with computer software for use in connection with that software.

3  Subsection 10(1)

Insert:

non-infringing accessory means an accessory made in:

                     (a)  a country that is a party to the International Convention for the Protection of Literary and Artistic Works concluded at Berne on 9 September 1886 as revised from time to time; or

                     (b)  a country that is a member of the World Trade Organization and has a law that provides consistently with the TRIPS Agreement for:

                              (i)  the ownership and duration of copyright or a related right in works, sound recordings and cinematograph films; and

                             (ii)  the owner of the copyright or related right to have rights relating to the reproduction of the work, sound recording or cinematograph film;

where:

                     (c)  the making of any copy of a work, or any reproduction of a published edition of a work, that is on, or is embodied in, the accessory; or

                     (d)  the making of any record embodying a sound recording, or any copy of a cinematograph film, that is the accessory;

was authorised by the owner of the copyright in that country in the work, edition, recording or film, as the case may be.

4  Subsection 10(1)

Insert:

TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights set out in Annex 1C to the Marrakesh Agreement establishing the World Trade Organization, done at Marrakesh on 15 April 1994.

Note:          The English text of the Marrakesh Agreement establishing the World Trade Organization is set out in Australian Treaty Series 1995 No. 8.

5  Section 37

Omit “section 44A”, substitute “Division 3”.

6  At the end of section 37

Add:

             (2)  In relation to an accessory to an article that is or includes a copy of a work, being a copy that was made without the licence of the owner of the copyright in the work in the country in which the copy was made, subsection (1) has effect as if the words “the importer knew, or ought reasonably to have known, that” were omitted.

7  Subsection 38(1)

Omit “section 44A”, substitute “Division 3”.

8  After section 44B

Add: