Copyright and Other Intellectual Property Law Provisions Act 2019
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Chapter 2 Court access for intellectual property claims, copyright exceptions and digital deposit of copyright works, etc. | ||
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Amendment of section 2 of Principal Act | ||
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4. Section 2 of the Principal Act is amended in subsection (1)— | ||
(a) by the substitution of the following definition for the definition of “broadcast”: | ||
“ ‘broadcast’ means an electronic transmission of sounds, images or data, or any combination or representation thereof, for direct public reception or for presentation to members of the public;”, | ||
(b) by the substitution of the following definition for the definition of “Controller”: | ||
“ ‘Controller’ means the Controller of Intellectual Property;”, | ||
(c) by the substitution of the following definition for the definition of “disability”: | ||
“ ‘disability’ has the meaning assigned to it in section 2 of the Disability Act 2005 ;”, | ||
(d) in the definition of “educational establishment”— | ||
(i) in paragraph (b), by the substitution of “applies,” for “applies, and”, and | ||
(ii) by the insertion of the following paragraph after paragraph (b): | ||
“(ba) any relevant provider within the meaning of section 2 of the Qualifications and Quality Assurance (Education and Training) Act 2012 , and”, | ||
and | ||
(e) by the insertion of the following definitions: | ||
“ ‘education’ means instruction, lectures, study, research, teaching or training either in an educational establishment or by any person acting under the authority of an educational establishment, and includes all activities necessary or expedient or ancillary to such a programme, and ‘educational purposes’ shall be construed accordingly; | ||
‘electronic transmission’ means a specified transmission through the Internet, a transmission by wireless means and a transmission prescribed for the purposes of this definition, but does not include— | ||
(a) a transmission by means of MMDS, or | ||
(b) a digital terrestrial retransmission; | ||
‘excluded data information’, means— | ||
(a) a computer program (whether in whole or in part), or | ||
(b) a program source code of a website; | ||
‘intellectual property claim’ means— | ||
(a) any proceedings instituted, application or reference made, or appeal lodged, under the Patents Act 1992 other than an application under section 47, 49, 50, 51, 52, 53, 54, 57, 59, 74, 86, 91, 96, 108, 123 or 124 of that Act, | ||
(b) any proceedings instituted, application or reference made, or appeal lodged, under the Trade Marks Act 1996 other than an application under section 25, 51, 52, 57, 65, 67, 72, 77, 78, 79, 85(5), 88 or 97 of that Act, or under paragraph 14(3) of the Second Schedule to that Act in so far as that paragraph relates to an application under section 51 of that Act, | ||
(c) any proceedings instituted, application or reference made, or appeal lodged, under this Act other than an application under section 133, 143, 170, 256, 257, 261, 299B, 366 or 367, or | ||
(d) any proceedings instituted, application or reference made, or appeal lodged, under the Industrial Designs Act 2001 other than an application under section 33, 34, 35, 62, 70, 81, 84 or 86 of that Act; | ||
‘rights identifying information’, in relation to a work, means data information (other than excluded data information) about the work, including digital data (whether or not it is incorporated within the work or is otherwise associated with it) that provides information about— | ||
(a) the authorship, condition, content, context, origin, ownership, provenance, quality or structure of the work, | ||
(b) rights pertaining to or associated with the work, or | ||
(c) matters similar to any matter which falls within paragraph (a) or (b); | ||
‘specified transmission through the Internet’ means— | ||
(a) a transmission taking place simultaneously through the Internet and by other means, | ||
(b) a concurrent transmission of a live event, or | ||
(c) a transmission of recorded moving images or sounds, or both, forming part of a programme service offered by the person responsible for making the transmission, being a service in which programmes are transmitted at scheduled times determined by that person;”. |