Copyright Amendment (Parallel Importation) Act 2003

Overview

The Copyright Amendment (Parallel Importation) Act 2003 was enacted to address the issue of parallel importation of copyrighted material, specifically computer software, electronic literary works, and electronic music items, into Australia. The Act amends the Copyright Act 1968 to clarify and expand the definition of 'accessory' and introduces the concept of 'non-infringing copy' for imported articles that embody copies of certain works. This Act was introduced to Parliament and received Royal Assent on 15 April 2003. The policy objective is to balance the rights of copyright holders with the interests of consumers by allowing the importation of certain non-infringing copies of computer programs and electronic literary or music items, provided they were made in qualifying countries and did not infringe copyright in those jurisdictions.

Scope and Application

The Copyright Amendment (Parallel Importation) Act 2003 amends the Copyright Act 1968 to address the issue of parallel importation of copyrighted material, specifically computer software and electronic literary or music items. This Act applies to entities and individuals who import articles that embody non-infringing copies of computer programs and electronic literary or music items into Australia. The amendments apply to copies imported after the commencement of the Act, regardless of when they were made. The Act extends to the entire Commonwealth of Australia and aligns with international treaties such as the Berne Convention and the TRIPS Agreement by recognising the copyright laws of qualifying countries. Notably, the Act does not apply to the importation of feature films. The amendments also provide specific provisions regarding the presumption of non-infringement for imported copies and the conditions under which the use of registered trademarks in relation to imported goods does not constitute trademark infringement. The Act further details enforcement mechanisms and jurisdictional provisions, including the conferral of jurisdiction on the Federal Magistrates Court for civil actions related to copyright infringement. The operation of these amendments is subject to review by the Minister four years after the Act's commencement.

Key Provisions

• The Copyright Amendment (Parallel Importation) Act 2003 introduces several key provisions to the Copyright Act 1968, primarily focusing on the importation of computer programs and electronic literary or music items. Section 10 amends the definition of "accessory" to clarify that it includes any label, packaging, or container on which the Olympic symbol is reproduced, and expands the meaning of "electronic literary or music item" to include electronic books, periodicals, and sheet music. It also defines "non-infringing copy" for computer programs and electronic literary or music items, specifying that these copies must be made in a qualifying country and must not infringe copyright under local law. Section 44E and 44F establish that the importation and certain dealings of non-infringing copies of computer programs and electronic literary or music items do not constitute copyright infringement, provided the items have been published in Australia or a qualifying country.
• The Act imposes several obligations on parties and entities it governs. For example, entities must ensure that any imported articles containing computer programs or electronic literary or music items are non-infringing copies as defined by the Act. This involves verifying the origin of the copy and confirming that its creation did not violate copyright laws in the country of manufacture. Additionally, section 130B and 130C establish a presumption in civil actions that imported copies are not non-infringing unless the defendant can prove otherwise, shifting the burden of proof in certain cases.
• There are significant penalties and consequences for breaches of the Act. Section 132A outlines that producing a false document related to the ownership or subsistence of copyright is an offence, with strict liability applying to the production of the document. The maximum penalty for this offence is 30 penalty units. Furthermore, sections 132(6AB) and 132(6AC) detail penalties for contraventions related to the supply of copyright material, with fines of up to 550 or 650 penalty units and/or imprisonment for up to 5 years, depending on the nature of the contravention. These provisions aim to deter infringement and ensure compliance with the Act’s provisions on parallel importation and non-infringing copies.

Legal classification tags

Area of Law

Intellectual Property Law

Instrument

Act

Concepts

Definitions & Interpretation

Commencement Provisions

Regulatory Standards

Reporting & Disclosure Obligations

Enforcement Powers