About Intellectual Property IP Training Respect for IP IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships AI Tools & Services The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars IP Enforcement WIPO ALERT Raising Awareness World IP Day WIPO Magazine Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Finance Intangible Assets Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Webcast WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO Translate Speech-to-Text Classification Assistant Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight
Arabic English Spanish French Russian Chinese
Laws Treaties Judgments Browse By Jurisdiction

Copyright (Amendment) (No. 18) Decree, 2009, Fiji

Back
Latest Version in WIPO Lex
Details Details Year of Version 2009 Dates Adopted: June 19, 2009 Type of Text Main IP Laws Subject Matter Copyright and Related Rights (Neighboring Rights) Notes The notification by Fiji to the WTO under Article 63.2 of TRIPS states:
'The Copyright (Amendment) Decree 2009 introduces a new subsection 121A and 121B under section 121 of the Principal Act and provides for certain presumptions to have effect in the prosecution of offences under section 121 of the Principal Act. The presumptions will allow the prosecution to rely on (a) data contained on the label of a genuine copy of the work, and (b) information contained in a certificate issued in a foreign country, to prove that the licensee in Fiji (if any) is a person other than the defendant.
The Decree also amends sections 132 and 133 of the Principal Act to provide for the Comptroller, if so requested by any person, to refer the matter of items seized under the Part 8 of the Act to the High Court, and for the Registrar to cause there to be commenced proceedings in the name of the person requesting the referral.'

Available Materials

Main Text(s) Related Text(s)
Main text(s) Main text(s) English Copyright (Amendment) (No. 18) Decree, 2009        
 Copyright (Amendment) Decree, 2009

331

[340] GOVERNMENT OF FIJI

(DECREE NO. 18) _____

COPYRIGHT (AMENDMENT) DECREE 2009

IN exercise of the powers conferred upon me as President and as Commander of the Republic of Fiji Military Forces, I hereby make the following Decree—

TO AMEND THE COPYRIGHT ACT 1999

Short title and commencement 1.—(1) This Decree may be cited as the Copyright (Amendment) Decree 2009.

(2) This Decree comes into force on a date appointed by the Minister by notice in the Gazette.

Sections 121A and 121B added 2. The Copyright Act 1999 (11 of 1999) (in this Decree referred to as “the Act”) is amended by adding—

“Presumption arising from label or mark 121A. For the purposes of any proceedings for an offence against section 121 in relation to a work or

other subject matter— (a) if a copy of the work or other subject matter, or the packaging or container in which the copy is

packaged or contained, bears a label or mark stating the year and place of the first publication, or of the making, of the work or other subject matter, then that year and place are presumed to be as stated on the label or mark, unless the contrary is established; and

(b) if a copy of the work or other subject matter, or the packaging or container in which the copy is packaged or contained, bears a label or mark stating that a person was the owner of copyright in the work or other subject matter at a particular time, then the person is presumed to have been the owner of the copyright at the time, unless the contrary is established.

Presumption arising from foreign certificate 121B.—(1) For the purposes of any proceedings for an offence against section 121 in relation to a work

or other subject matter— (a) if a certificate or other document issued in a qualifying country in accordance with a law of that

country states the year and place of the first publication, or of the making, of the work or other subject matter, then that year and place are presumed to be as stated in the certificate or document, unless the contrary is established; and

(b) if a certificate or other document issued in a qualifying country in accordance with a law of that country states that a person was the owner of copyright in the work or other subject matter at a particular time, then the person is presumed to have been the owner of the copyright at the time, unless the contrary is established.

(2) For the purposes of this section, a document purporting to be a certificate or document referred to in subsection (1)(a) or (b) is, unless the contrary intention is established, taken to be such a certificate or document.

PUBLISHED BY AUTHORITY OF THE FIJI GOVERNMENT

REPUBLIC OF FIJI ISLANDS GOVERNMENT GAZETTE

Vol. 10 MONDAY, 22nd JUNE 2009 No. 39

EXTRAORDINARY

332 (3) In this section, “qualifying country” means— (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 established by the Marrakesh Agreement

done at Marrakesh on 15 April 1994 and has a law that provides consistently with the Agreement on Trade-Related Aspects of Intellectual Property Rights set out in Annex 1C to that 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”

Section 126(1)(a) amended 3. Section 126(1)(a) of the Act is amended by deleting “of”.

Section 132 amended 4. Section 132 of the Act is amended by deleting “notice of proceedings” and substituting “notice directed to

the Comptroller”.

Section 133 amended 5.—(1) Section 133(3) and (4) of the Act is repealed and the following substituted—

“(3) Where an item is the subject of a determination under section 129(3), any person may by notice in writing directed to the Comptroller and served on the Comptroller ask the Comptroller to refer the matter to a court for a decision on whether or not the item is a pirated copy that has been imported other than for private and domestic use and, where such a request is made—

(a) the Comptroller must refer the matter to a court; and (b) the court must make such a decision accordingly.

(4) Where a matter is so referred to a court by the Comptroller, the Registrar of the court must— (a) cause there to be commenced proceedings as between—

(i) the person who gave the notice to the Comptroller, as plaintiff; and (ii) either or both of the claimant and the importer or consignee (not being the person who gave the

notice) and any other person named in the referral as a person appearing to the Comptroller to have an interest in the item, as defendant; and

(b) cause notice of the proceedings to be sent to the parties and to the Comptroller.”.

(2) Section 133(5) of the Act is amended by repealing “must court” and substituting “court must”.

Given under my hand this 19th day of June 2009.

JOSEFA ILOILOVATU ULUIVUDA President and Commander in Chief of

the Republic of Fiji Military Forces

333 EXPLANATORY NOTE

(This Note is not part of the Decree and is intended only to indicate its general effect)

1.0 Background

1.1 Section 121 of the Copyright Act 1999 (“the Act”) creates a number of offences relating to the making or selling of infringing copies of copyright works. However, prosecutions for offences under this section in relation to overseas copyrighted works have generally not succeeded due to the difficulty of proving that the defendant had no licensing rights in the work.

1.2 Under Part 8 of the Act (“Border Protection Measures”), the Comptroller of Customs is authorised to seize incoming copies of works that appear to be pirated copies. The onus is then on the local licensee of the work to bring proceedings in the High Court under section 133(3) of the Act seeking a decision that the goods are in fact pirated and are not for private or domestic use, in order to avoid the items being returned to the importer.

1.3 There are typographical errors in sections 126(1)(a) and 133(5) of the Act.

2.0 The Decree

2.1 Section 2 of the Decree adds new sections 121A and 121B to the Act. These sections provide for certain presumptions to have effect in the prosecution of offences under section 121 of the Act. The presumptions (which are modelled on presumptions introduce into the corresponding Australian legislation) will allow the prosecution to rely on (a) data contained on the label of a genuine copy of the work, and (b) information contained in a certificate issued in a foreign country, to prove that the licensee in Fiji (if any) is a person other than the defendant.

2.2 Sections 4 and 5(1) of the Decree amend sections 132 and 133 of the Act to provide for the Comptroller, if so requested by any person, to refer the matter of items seized under the Part 8 of the Act to the High Court, and for the Registrar to cause there to be commenced proceedings in the name of the person requesting the referral.

2.3 Sections 3 and 5(2) of the Decree provide for rectification of errors in the text of sections 126(1)(a) and 133(5) of the Act.

A. S. KHAIYUM Attorney-General and Minister for Justice

Attorney-Generalʼs Office Suvavou House

Suva June 2009

Price: 50c R. S. OLI, Acting Government Printer, Suva, Fiji—2009 95/FGG/2009—1,200 Official Printer Since 1883


Legislation Amends (1 text(s)) Amends (1 text(s)) WTO Document Reference
IP/N/1/FJI/1
IP/N/1/FJI/C/2
No data available.

WIPO Lex No. FJ014