Second Reading Speech on IP (Miscellaneous Amendments) Bill 2004 by Professor S Jayakumar
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- Madam, Deputy Speaker, I beg to move "That the Bill be now read a second time."
- This Bill seeks to amend the Copyright Act, the Registered Designs Act and the Layout-Designs of Integrated Circuits Act. The amendments are:
- Firstly, to update Singapore's IPR infrastructure related to these Acts, as well as to implement our commitments under the USSFTA; and
- Secondly, also to provide greater certainty relating to copyright licences acquired by the Government.
- First, the Copyright Act. Madam, the Copyright Act was amended in 1999 to implement Singapore's obligations under the TRIPS Agreement. When we amended the legislation at that time, I had assured the House the Government would keep our copyright legislation abreast with technological changes and our economic development. The present amendments are one of two sets of amendments to the Copyright Act which we will move this year. A second Bill will be introduced in the later part of the year.
- I will deal with the extension of term of protection for copyright works first. Currently, the Copyright Act provides for a protection period that covers the life of the author and another 50 years after his death. This applies to literary, musical, dramatic and artistic works. Sound recordings, films and performances are protected for 50 years after first publication. With Clause 2(a) of the Bill, we will extend the term of protection by an additional 20 years for both categories of works. This will provide more benefits to our local creators and give a greater push for the development of Singapore's creative industries. Because international copyright protection works on the principle of reciprocity, a longer copyright term of protection will also provide benefits to local creators who export their works. They will now get to enjoy longer protection in countries which have a similar term of protection. And that includes 33 other countries like the US and European Union members, with, I believe, more following suit.
- This is a timely move. Already, we are seeing bustling activity in industries like media design, film and TV production, and the arts and entertainment industries. With this extension of copyright term, we will be able to give our industry players a playing field that is levelled up to their overseas counterparts.
- Next, I turn to provisions relating to copyright licences acquired by the government and government bodies. This amendment is related to an earlier announcement of a new Government policy where contractors will be able to own the IP generated from Government procurement contracts. As a general rule, from 1 July 2004 onwards, the Government will procure a licence to use the IP for its own purposes. The contractor will be able to own the IP, which means he can improve on it and build new products and services to generate more value-added activities for Singapore. As we implement this policy, we must make sure that the public interest is protected. The ability of Government agencies and statutory bodies to deliver public services must not be affected, which means that we must ensure that Government and statutory board licences must continue to operate. Hence, Subclauses 2(d) and (f) amend Sections 194 and 195 so that these Government licences will still be binding on bona fide purchasers of the copyright. This is a win-win arrangement and is a result of extensive consultation with government agencies and vendors, and was also a recommendation by the Economic Review Committee last year.
- Next ,I turn to the repeal of provisions on compulsory licence, which repeals Part Six (VI) of the Copyright Act. This Part allows a user, under specific circumstances, to apply to the Copyright Tribunal for a compulsory licence to translate copyright works into our official languages. Internationally, we need to recognise that a compulsory licence that compels the copyright owner to make his work available should be used only in extreme circumstances. Furthermore, we have not received any requests for the operation of this section since we enacted it in 1998. Therefore, to provide greater assurance to copyright holders, Sub-clause 2(b) will repeal Part Six (VI) of the Copyright Act.
- Finally, I turn to the amendments in the Registered Designs Act and Layout Designs of Integrated Circuits Act which will let exclusive licensees proceed with legal action without having to involve the owners. May I say that these are similar to the amendments in the Trade Marks and Patents (Amendment) Bills.
- To conclude, Madam Deputy Speaker, this Bill will be an additional step in enhancing our copyright regime, to give an extra boost to Singapore's nascent creative industries, as well as to provide exclusive licensees with greater flexibility to exploit and enforce their IP.
Madam Deputy Speaker, I beg to move. |
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