IP/C/W/311/Add.1  
 
22 February 2016  
(16-1057)  Page: 1/45  
Council for Trade-Related Aspects of 
Intellectual Property Rights  Original: English  
  
 REVIEW OF LEGISLATION 
RESPONSES FROM FIJI TO OUTSTANDING QUESTIONS POSED BY SWITZERLAND, THE UNITED 
STATES AND THE EUROPEAN UNION 
Addendum 
By means of a communication from the Permanen t Mission of Fiji dated 16 February 2016 the 
Secretariat has received the following responses to outstanding questions posed by Switzerland, 
the United States and the European Union, as circulated in documents IP/C/W/263, 
IP/C/W/263/Add.4, IP/C/W/268 and IP/C/W/274 respectively. 
 
_______________ 
 
 
SWITZERLAND
1 
A. GEOGRAPHICAL INDICATIONS 
1. Please explain in detail how your legisl ation provides protection for geographical 
indications.  
Fiji's current legislative framework does not pre scribe protections for geographical indications. 
 B. PATENTS 
2. Does your legislation grant patent protection to all categories of products or are 
there any exceptions?  If so, please explain in  detail what kind of exceptions exist  and 
how they comply with Article 27 of the TRIPS Agreement. 
 
At present, there are no exceptions, although purs uant to section 23 of the Patents Act allows the 
Attorney-General to make regulations for regulating procedure under this Act.  
 
3. Does your legislation, in accordance with Article 27.1 in combination with 
Article 31 of the TRIPS Agreement, consider  importation as "working" a patent (and 
therefore preclude compulsory licensing , if a product is being imported)?  
 
At present, the legislation does not address importation of patents.  
4. Does your legislation make the granting  of a compulsory license subject to all the 
conditions enumerated in Article 31 of the TRIPS Agreement? Please cite the relevant 
provisions of law.  
At present, the legislation does not address granting of a compulsory licence.  
 
                                               
1 Outstanding questions contained in Document IP/C/W/263 and IP/C/W/263/Add.4. IP/C/W/311/Add.1 
 
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5. Does your legislation provide for the princi ple of the reversal of burden of proof in 
a process patent litigation?  Please ci te the relevant provisions of law. 
 At present the legislation does not make express pr ovisions for the reversal of burden of proof.  
 
C. PROTECTION OF UNDISCLOSED INFORMATION 
6. Please explain in detail if your legisl ation ensures that undisclosed test or other 
data submitted by an applicant to the resp onsible State agency in the procedure for 
market authorisation of a pharmaceutical or  of an agricultural chemical product is 
protected against disclosure and against unfair commercial use by a competitor, for 
example by prohibiting a second applicant fr om relying on, or fr om referring to the 
original data of the first applicant, when a pplying subsequently for market authorisation 
for his own product. Does your legislation prov ide for exceptions to this?  If yes, under 
what conditions would such exceptions apply?  Does your legislation set a specific term 
of protection for undisclosed test or other data of the first applicant? 
 At present, there is no provision in the legislation for protection of undisclosed information.  
 
D. ENFORCEMENT 
7. With regard to the issue of remedies in case of infringe ments of intellectual 
property rights, you refer to  the responses you gave to the checklist of issues on 
enforcement (document IP/N/6/FJI/1). These answers, however, seem to deal only 
with copyright. Please give complementary information on remedies provided by your 
legislation in the other fields of intelle ctual property, which constitute effective 
deterrents to infringements of these rights. 
 Pursuant to sections 44 and 60 of the Trademarks Act, a person may bring a claim in the Fijian 
Court for alleged infringement of a trademark.  
 Under section 28 of the Patents Act, a person ma y bring a claim in the Fijian Court for being 
prejudicially affected by the issue of a certificate of registration. 
 
8. With regard to the issue of new init iatives that are planned to improve 
enforcement of intellectual property rights in your country, you refer to the responses 
you gave to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1). These 
answers, however, seem to deal only wi th copyright. Please give complementary 
information on new initiatives that are pla nned in your country to improve enforcement 
of rights in the other fields of intellectual pr operty, and particularly initiatives relating to 
criminal enforcement.  At present, there have been no new initiatives to improve enforcement of patents and trademarks, 
however we are currently in the process of re viewing our laws on patents and trademarks. 
  
UNITED STATES
2 
C.  TRADEMARKS 
7. Please describe the subject matter that can comprise a trademark under the 
trademark law of Fiji. 
 Under section 2 of the Trademarks Act, trade-ma rk included a device, brand, heading, label, 
ticket, name, signature, word, letter, numeral or any combination of these. 
 
                                               
2 Outstanding questions contained in document IP/C/W/268. IP/C/W/311/Add.1 
 
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8. Please describe the procedure that must be followed to register a trademark in Fiji, 
citing the relevant provisions of the law, and describe the rights that the owner of a 
registered mark can exercise.  
The procedure for the registration of a Trade mark is under section 11 (1) of the Trademarks Act 
and the prescribed manner is provided in the Second Schedule of the Act.    
 Section 11 (1) of the Act stipulates: 
  "11.-(1) Any person claiming to be the proprietor of a trade-mark who is desirous of 
registering the same shall apply in writing to the Registrar in the prescribed manner. 
  
 (2) Subject to the provisions of this Act, the Registrar may refuse such application or may 
accept it absolutely or subject to conditions, amendments or modifications or to such 
limitations, if any, as to mode or place of user or otherwise as he may think right to impose. 
   (3) In case of any such refusal or conditional acceptance the Registrar shall, if required by 
the applicant, state in writing the grounds of his decision and the materials used by him in 
arriving at the same, and such decision shall be subject to appeal to the court. 
   (4) An appeal under this section shall be made in the prescribed manner and on such appeal 
the court shall, if required, hear the applican t and the Registrar, and shall make an order 
determining whether and subject to what conditions, amendments or modifications, if any, or to what limitations, if any, as to mode or place of user or otherwise the application is to 
be accepted. 
   (5) Appeals under this section shall be heard on the materials so stated by the Registrar to 
have been used by him in arriving at his decision and no further grounds of objection to the 
acceptance of the application shall be allowed to be taken by the Registrar other than those stated by him except by leave of the court he aring the appeal. Where any further grounds of 
objection are taken, the applicant shall be entitled to withdraw his application without 
payment of costs on giving notice as prescribed. 
   (6) The Registrar or the court as the case may be may at any time, whether before or after 
acceptance, correct any error in or in connection with the application or may permit the 
applicant to amend his application upon  such terms as they may think fit." 
  
As outlined above under Section 11 (3), if the Registrar after considering the application for 
registration of a trademark refuses or accepts the application on conditional grounds, the applicant if he or she requires has the right to ask the Registrar to state in writing the grounds of the Registrar's decision and the materials used by the Registrar in arriving at the same, and such 
decision shall be subject to appeal to the court. 
   9. Please provide the length and terms of  protection the trademark law of Fiji 
provides for a trademark.   
 Registered trademarks are protected for 14 years from the date of registration, as per section 27 
of the Act. Registration of a trademark can be renewed within the prescribed time for another 
period of 14 years.   Section 27 stipulates that: 
 
 "27. The registration of a trade-mark shall be for a period of fourteen years but may be 
renewed from time to time in accordan ce with the provisions of this Act." 
  
10. Please explain whether the laws of Fiji  provide well-known servicemarks with the 
same protection as well-known trademarks un der Article 6bis of the Paris Convention, 
as required by Article 16.2 of the TRIPS Agreement. 
 At present, the Trademarks Act only provides  for trademarks in connection with goods. 
 IP/C/W/311/Add.1 
 
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11. Please explain whether the relevant auth orities in Fiji, in determining whether a 
mark is well-known, take account of knowledg e of a trademark in the relevant sector of 
the public, including knowledge obtained as a result of promotion of the trademark. 
 
The Fiji Intellectual Property Office in receiving application for trademarks considers well known 
trademarks in the relevant sector of the public, including knowledge obtained as a promotion of the mark; however, there are no prescribed procedures for this process. Further, the notice period 
for opposition will cater for any objections albe it from a well-known trademark holder or not. 
 12. Please explain in detail how well-known trademarks are protected in Fiji and cite 
to the relevant provisions of law. 
 
At present, there is no provision for well-known trademarks.   
D. GEOGRAPHICAL INDICATIONS 
13 .  Please describe in detail how the laws  of Fiji provide for the recognition and 
protection of geographical indications requir ed by Article 22.2 of the TRIPS Agreement, 
citing to the relevant provisions of la w or regulation, and provide examples of 
geographical indications so protected.   At present, there are no provisions for the recognition and protection of geographical indicators. 
 
14. Please describe in detail the manner in wh ich the additional protection required for 
wines and spirits under Article 23.1 of the TRIPS Agreement is implemented, citing to 
the relevant provisions of law or regulati on, and provide examples of geographical 
indications for such products . 
 
At present, there are no provisions for the protection of wines and spirits. 
 E. INDUSTRIAL DESIGNS 
15. Please describe the procedure that mu st be followed to obtain protection for 
industrial designs, citing to the provisions of  the law of Fiji, and describe the nature of 
the protection provided.  
At present there are no provisions for the protection of industrial designs however we are in the 
process of drafting a legislation governing industrial designs.   
16. Please describe the procedure that mu st be followed to obtain protection for 
textile designs and cite to the releva nt provisions of law or regulation. 
 At present, there are no provisions for the protection of textile designs. 
 
F. PATENTS 
17. Please describe in detail the way in whic h the patent law of Fiji implements Article 
27 of the TRIPS Agreement, indicating any exce ptions provided for, and including details 
regarding the protection for micro-organism s and non-biological and microbiological 
processes and plant varieties.  Please cite  to the relevant provisions of the law . 
 
Under section 5 of the Patent Laws, the exceptions are:  (a) if the invention is of no utility;  (b)  if the invention at the time of presenting the petition was not a new invention; 
 (c)  if the petitioner is not the true and first inventor thereof; or 
 (d)  if the petition or any specification contains a wilfully false statement.  
The only other exception is pharmaceuticals as provided in section 3A of the Patents (Amendment) 
Act 2002.  IP/C/W/311/Add.1 
 
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18. Please describe in detail the rights prov ided patent holders under the patent law of 
Fiji and cite to the relevant provisions of law.  The patent holder is granted exclusive rights to his/her invention, unless it is for making, 
constructing, using or selling a patented invention in respect of a pharmaceutical product or 
substance, as provided in section 3A.  
19. Please describe in detail any provisions in the laws of Fiji permitting unauthorized 
use of a patent, citing to the relevant prov isions of law, and describe in detail the 
conditions under which such use can occur.    
As stated above, unauthorized use of a patent is provided for solely in respect of pharmaceutical 
products or substances.   
20. What term of protection does the patent  law of Fiji provide for patents? Please 
describe any provisions for extension of the te rm of protection and cite to the relevant 
provisions of the law. 
 
Under section 3 of the Patents Act, the inventor has exclusive right to his/her invention. This is further provided under section 4 which entitles the inventor to the exclusive right to use, sell or make his/her invention for a period of 14 years from the date of the grant of the letters of patent.  
 
For all patents granted in the United Kingdom, the inventor may accordingly apply to the Solicitor-General within 3 years from the date of its issue for registration of the patent in Fiji. Once granted, 
the patent shall continue in force in Fiji for so long as the patent remains in force in the United 
Kingdom.   
There is no specific provision in the Patents Act for the extension of the patent once the term 
expires, however, a person who requires an ex tension would normally apply for grant of a new 
letters of patent.  
G. LAYOUT-DESIGNS (TOPOGRAPHIES) OF INTEGRATED CIRCUITS 
21. Please describe in detail the protection for layout-designs of integrated circuits 
provided under the laws of Fiji, including the term of protection, and cite to the relevant 
provisions of law . 
 At present, there are no express provisions for the protection of layout-designs of integrated 
circuits provided under the laws of Fiji. 
 H. PROTECTION OF UNDISCLOSED INFORMATION 
22. Please describe in detail how the laws  of Fiji provide for the protection of 
undisclosed information as required by Arti cle 39.2 of the TRIPS Agreement and provide 
citations to the relevant provisions of law .  
 
As far as the laws pertaining to intellectual property is concerned, there are no express provision 
for the protection of undisclosed information in the relevant laws.   
23. Please describe in detail the manner in which protection is provided test data 
regarding pharmaceutical and agricultural  chemical products submitted to the 
government in order to obtain  marketing approval in Fiji and cite to the relevant 
provisions of law. 
 
24. Are other applicants for marketing approval for their own versions of a previously 
approved pharmaceutical or agricultural chem ical products permitted to rely on data 
submitted by the earlier applicant?  If so, ho w long a period of exclusivity is given the 
earlier applicant before such reliance becomes possible.  
 
(Response to Questions 23 and 24) There are no provisions for test data regarding pharmaceutical 
and agricultural products submitted to the Governme nt in order to obtain market approval in Fiji. 
However, please note that under section 3A of the Patents Act, it is not an infringement for IP/C/W/311/Add.1 
 
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persons to make, construct, use or sell the patented invention in respect of a pharmaceutical 
product or substance solely for reasons related to the development and submission of information required under any laws of Fiji or of another country. 
EUROPEAN UNION
3 
A.  GENERAL PROVISIONS 
1.  Please describe if your legislation in cludes measures necessary to protect public 
health and nutrition, and to promote the public interest in sectors of  vital importance to 
your socio-economic and technological develo pment as mentioned under Article 8 of the 
TRIPS Agreement. If yes, please explain ho w such measures are consistent with the 
provisions of the TRIPS Agreement.  
The Patents Act [Cap 239], as alluded to earlier, makes an exception to the protection of patent 
rights under section 3A which allows persons to ma ke, construct, use or sell the patented invention 
in respect of pharmaceutical product or substance solely for reasons related to the development 
and submission of information required under any laws of Fiji or of another country. 
 There is no such provision in the Trademarks Act [Cap 240]. 
 
For the Copyright Act 1999, section 58 ( 1) (b) perm its the use of copyright work for the service of 
the State in the interest of the safety or health of the public or any member of the public.  
B.  COPYRIGHT AND RELATED RIGHTS 
2. Please state how your legi slation provides for the protection of the exclusive rights 
of authors in relation to their literary and arti stic works, as specified in Article 9 of the 
TRIPS Agreement which requires Members to comply with Articles 1-21 of the Berne 
Convention and the Appendix to the Berne Convention (1971).  
Under section 14 of the Copyright Act 1999, literary, dramatical, musical or artistic works fall 
under copyright, however, rights to these works only  exist when the same is recorded in writing or 
otherwise. The owner of the work has the exclusiv e right to copy, issues copies to the public, 
publicly perform, broadcast, communicate to the public and adapt the work. These are certain 
exemptions to these by virtue of Parts IV and IX  of the Act. The exemptions are particularly in 
terms of public interest. The copyright exists at the end of 50 years after the end of the calendar 
year in which the author dies. 
 
3.  Please describe the protection  accorded to authors of computer 
programs, databases or compilations of data.  
 
Literary works includes computer programs and compilations (which would include data – see definition of compilation) as defined in section 1 of the Copyright Act 1999. Although Part IV gives 
provisions for exemptions to copyright work, for in stance, research on private study does not apply 
to literary work that is a computer program. This means that rights of the owners of literary work 
in relation to computer programs have strict exclusive rights to their work.  
4. Please state whether your legislation pr ovides for a rental right and, if so, the 
works to which it applies . 
 
Yes, under section 73 of the Copyright Act 1999, certain rental rights for works that include a 
computer program, sound recording or audio visual may be accorded to any person of an educational establishment or a prescribed library. However, this right is only applicable to such an establishment or library that does not provide rent al of the work for the purpose of making profit 
and the work is subject the work has previously b een put into circulation with the license of the 
copyright owner.  
                                               
3 Outstanding questions contained in document IP/C/W/274. IP/C/W/311/Add.1 
 
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5. Please describe the rights granted to performers, producers of phonograms (sound 
recordings) and broadcasting organi sations under your legislation. 
 Part X of the Copyright Act 1999 provides for performers rights. Section 164 of the Act, 
performance means a dramatic performance, musica l performance, a reading or recitation of a 
literary work or a performance of a variety ac t or any similar presentation. There are certain 
exception, namely, performance in the course of activities of educational establishments, a 
reading, recital of any items of news and inform ation, performance of a sporting activity or a 
participation in a performance as a member of an audience. Accordingly, a performer has exclusive right to his/her performance. The performance shall be made, broadcasted live or communicated to the public, in whole or in part, with the perf ormer's consent. The Act further makes provision for 
the infringement of the performer's right if the performance was used without specific consent for 
such use. This is subject to certain exceptions including the use of the performance for the purpose of criticism, reviews and news reporting. Also, the rights to performers is subject to the 
copying of the performance for a course of instructions, for educational establishments, for 
parliamentary and judicial proceedings and any acts done under statutory authority.  
6. Please state whether your  legislation provides for any limitation or exception in 
relation to each of the rights described abov e in accordance with the relevant provisions 
of the Berne and Rome Conventions and in light of Articles 13 and 14.6 of the TRIPS 
Agreement. 
 
Yes, all the works that are accorded rights und er the Copyright Act 1999 has certain exception by 
virtue of Part IV Copyright Act which is attached as Annex – 1 to this response. 
 
7. Please state the terms of protection of each right described above and the work or 
subject matter to which it applies. 
 
Please refer to Part X of the Copyright Act 1999 which is attached as Annex – 2 to this response.  8.  Please state how your legislation gr ants the retroactive protection provided 
pursuant to Article 18 of the Berne Conventi on (the obligation of which derives from 
Article 9 of the TRIPS Agreement) an d Article 14.6 of the TRIPS Agreement . 
 
At present, there is no specific provision for the grant of retroactive protection provided pursuant 
to Article 18 of the Berne Convention and Arti cle 14.6 of the TRIPS Agreement in the Copyright 
Act. 
 
C. TRADEMARKS 
9.  Please give the definition of a sign under your national legislation and explain 
under what conditions it is protectable. 
 
There is no definition of a sign in the Trademarks Act, however, 'mark' means a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination of these. 
 
10. Please confirm whether or  not services are a protectable subject matter in your 
trademark law.  Please confirm if signs, such  as trade names, are protectable.  Please 
describe if elements such as sound, pe rfumes and containers are protectable. 
 Services and elements such as sound, perfumes and containers are not expressly protected under 
the Trademarks Act. Trademarks are defined as marks used or proposed to be used in connection 
with goods. 
 11. Please explain what the requirements of  use are, if any, as a condition for a 
trademark registration.  Please explain the definition of use and the conditions of 
maintenance of a registration in that respect . 
 
The trademarks are used upon or in connection with goods and are for the purpose of indicating 
that they are the goods of the proprietor for their manufacture, selection, certification, dealing with or offering for sale. There is no express provisions for the use and conditions of maintenance of trademarks in the current Trademarks Act. IP/C/W/311/Add.1 
 
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12. Please confirm whether or not your legi slation permits that the registration of 
trademarks be inde finitely renewable . 
 
No, the trademark, once registered shall be fo r a period of 14 years and may be renewed from 
time to time in accordance with the provisions of the Trademark Act.  
13. Please describe the special requirements , if any, prescribed by your legislation 
concerning the use of a trademark . 
 There are no special requirements for the use of a trademark. 
 
D. GEOGRAPHICAL INDICATIONS 
14. Please explain whether or not your tr ademark registration authority refuses a 
trademark application if it contains a geographical indication . 
 Section 14A of the Trademarks (Amendment) (Decree No. 2) Decree 2012 prohibits the 
registration of a trademark with the use of the word or mark 'Fiji' or any word that makes 
reference of implies geographic origins or words or marks making reference or implying an approval from the State for which the proprietor is  entitled to disclaim all or any portion of such 
matter separately or together with other word unless the use of the word or mark or the use of a 
disclaimer on the word or mark is approved by the Minister. 
 15. Please give the definition of a geogra phical indication in your legislation. 
 
At present, this is not defined in the Trademarks Act.  
16. Please describe and explain the provisions of your legislation establishing a link, if 
any, between the characteristics of an indication and its geographical origin. 
 The only reference to geographic indications is referred to in section 14A of the Trademarks Act 
(please see response to No. 14 above).  
 17. Please describe how additi onal protection is granted by your legislation to wines 
and spirits.  Please mention other types of pr oducts, if any, covered by this additional 
protection . 
 
There are no additional protection granted by the Trademarks Act in relation to wines and spirits. 
 18. Please explain how exceptions under Ar ticle 24 of the TRIPS Agreement are used 
in your jurisdiction.  Please provide examples  of the use of the exceptions by courts or 
lists of names considered as generic in your jurisdiction. 
 No such provisions in accordance with Article 24 of the Trips Agreement in the Trademarks Act. 
 
E. INDUSTRIAL DESIGNS 
19.  Please explain whether or not your legi slation extends to the protection of designs 
dictated essentially by technical or functional  considerations.  Please explain how textile 
designs are protected.  At present, the IP framework does not extend to th e protection of designs dictated by technical or 
functional considerations. No provisions are avai lable for protection of textile designs either. 
 20. Please explain how your legislation pr otects right holders of a design against 
importing of articles bearing embodied or copied design. 
 At present, there are no protections for rights holders against imported items bearing embodied or 
copied designs. 
 IP/C/W/311/Add.1 
 
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21. Please state whether or not your legi slation provides for the right to issue a 
compulsory licence for industrial designs.  The current legislation does not provide for the right to issue compulsory licenses for industrial 
designs. 
 22. Please indicate for what period of ti me your legislation grants protection for 
industrial designs. 
 There is currently no protection for industrial designs.  
F. PATENTS 
23. Please describe how your legislation de fines the notions of: novelty, inventiveness 
and industrial application . 
 
At present, the legislation does not define any of these terms.  
24. Please explain whether or not in your legislation, patent or otherwise, patent 
rights are enjoyed without any exclusions.  If exclusions are provided for, please 
describe in detail how these exclusions are applied in legal as well as practical terms . 
 
Section 3 of the Patents Act provides that every inve ntor is entitled to the sole exclusive right of 
and in his invention. This Act does not prescribe any exclusions to the enjoyment of patent rights. 
 
25. Please explain whether yo ur legislation provides for the exclusion of inventions 
from patentability based on ordre public or mo rality.  If so, please explain the relevant 
section of your legislation and explain its form ulation.  Please also explain if it has been 
applied in practice. 
 The Patents Act does not provide for the exclusio n of patentability based on ordre public or 
morality. Please note, however, that the Trademark Act per section 10 restricts registration of "…a 
trade-mark or part of a trade-mark any matter the use of which would, by reason of its being 
calculated to deceive or otherwise, be disentitled to protection in a court of justice or would be contrary to law or morality, or any scandalous design." 
 
26. Please explain whether or not diagnost ic, therapeutic and surgical methods are 
excluded from patentability in your legislation.  If so, please explain the relevant section 
of your legislation and explain its formulation. 
 At present, diagnostic, therapeutic, and surgical  methods are not excluded from patentability in 
Fiji's legislation. 
 
27. Please explain whether or not plants, an imals and essentially biological processes 
are excluded from patentability in your legisl ation. If so, please explain the relevant 
section of your legislation and explain its formulation. 
 At present, plants, animals and essentially biological processes are not excluded from patentability 
in Fiji's legislation. 
 28. Please describe how micro-organisms,  non-essentially biological processes, 
microbiological processes and plant varieties are protected in your legislation. Please 
explain, in this respect, the rele vant sections of your legislation . 
 At present, micro-organisms, non-essentially biological processes, microbiological processes and 
plant varieties are not protected in the current legislation. 
 29. Please explain how your legislation pr otects patent right holders against the 
importing and against the offering for sale of a patented invention . 
 At present, there are no provision for protection of rights holders against the importing and against the offering for sale of a patented invention. IP/C/W/311/Add.1 
 
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30. Please state if your legislation prov ides for patent product protection of 
pharmaceutical and agricultural chemical prod ucts.  In the affirmative, please indicate 
the legal reference. 
 
At present, the Patents Act does not provide protec tion of pharmaceutical and agricultural chemical 
products. In fact, section 3A provides that pharmaceutical products and substances are exceptions 
to infringement of patent rights. 
 31. Please clarify if the patent protection  of a process, as provided for in your 
legislation, covers the product obta ined directly by that process. 
 
The legislation does not cover the patent protection of a process or the product obtained directly by that process. 
 
32. Please explain the additional conditions, if any, in your legislation other than the 
sufficient disclosure of the invention in  Article 29 of the TRIPS Agreement (e.g. 
submission of justification for access to gene tic material or prior inform consent to its 
use). If such additional conditions exist, pl ease point out the relevant legislations and 
describe the additional conditions in detail.  
There are no additional conditions other than the sufficient disclosure required in making the 
petition for a letters patent.  
33.  Please describe if your legislation prov ides for limited exceptions to the exclusive 
rights conferred by a patent.  If affirmative, please make a reference to relevant legislation. 
 
As stated above, Section 3A provides that "it is not an infringement of patents in pharmaceuticals for any person to make, construct, use or sell the patented invention in respect of a pharmaceutical product or substance, solely for uses reasonably related to the development and 
submission of information required under any law of the Fiji Islands or of another country that 
regulates the manufacture, construction, use or sale of such pharmaceutical product or substance." 
 
34. Please explain whether or not your legi slation provides for compulsory licensing. If 
so, please explain in detail the conditions  under which a compulsory licence may be 
granted.  In particular, please explain how yo ur national legislation considers individual 
merits in the authorization of such use.  At present, the Patents Act does not provide for compulsory licensing. 
 
35. Please explain how your legislation ex plicitly ensures that a proposed user has 
made efforts to obtain authorization from the right holder on reasonable commercial 
terms and conditions and that such efforts ha ve not been successful within a reasonable 
period of time. In this context, how do you define "reasonable period of time".  Please 
also explain how your legislation ensures that  the use of a compulsory licence shall be 
authorised predominantly for the supply to the domestic market of the Member 
authorizing such use.  At present, the Patents Act does not provide for a proposed user to obtain authorization from a 
right holder. 
 36. Please state if your legislation grants additional protection for innovations after 
the 20 years of patent protection has lapsed. 
 At present, Section 4 of the Patents Act only allo ws 14 years of patent protection and there are no 
additional protections after this period has lapsed. 
 IP/C/W/311/Add.1 
 
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37.  Please explain how your legislation prov ides for the enhanced patent protection of 
patents or patent applications  pending on 1st January 1995. 
 The Patents Act does not provide for enhanced protection of patents or patent applications pending 
on 01/01/1995. 
 38. Please explain how your le gislation provides for the reversal of the burden of proof 
in relation to process patents. 
 The Patents Act does not provide for the reversal of burden of proof.  
G. LAYOUT-DESIGNS (TOPOGRAPHIES) OF INTEGRATED CIRCUITS 
39. Please describe how your le gislation protects Topographies. 
 
40. Please explain what protection your na tional legislation grants to right holders 
against the unlawful importation, sale or distribution for commercial purposes of 
topographies including integrated circuits or  other articles in which a topography is 
incorporated in accordance with Article 36 of the TRIPS Agreement. 
 41. Please explain how your legislation prov ides for the derogation from Article 36 as 
specified in Article 37 of the TRIPS Agreem ent where a person has no knowledge or 
reasonable grounds to know when acquirin g an integrated circuit or an article 
incorporating such an integrated circuit th at it contains an unlawful topography.  
 
42. Please state the term of protection gr anted by your legislation to topographies. 
 (Response to Questions 39 to 42). At present, the legislation does not provide for topographies. 
 
H. PROTECTION OF UNDISCLOSED INFORMATION 
43. Please explain whether or not your legislation grants a defined period of time for 
the protection of undisclosed information.  If so, please give the time span. 
 
44. Please explain how your legislat ion defines undisclosed information. 
 
(Response to Questions 43 and 44). At present, the legislation does not address protection of 
undisclosed information  
45. Please explain how your legislation de fines data submitted to governments or 
governmental agencies.  While sections 58 to 61 of the Copyright Act prescr ibe the use of copyright material by the State, 
rights of third parties in respect of State use, proceedings against the State, and Acts done under 
statutory authority, at present the legislation does not define data submitted to governments or governmental authorities. 
 
I. ENFORCEMENT 
46. Please describe how your legislatio n provides for effective action against 
infringement of intelle ctual property rights. 
 Pursuant to section 109 of the Trade-marks Act, an infringement of copyright is actionable by the copyright owner. Reliefs are obtained by way of damages, injunctions, accounts, or otherwise is 
available to the plaintiff as is available in respect of the infringement of any other property right. 
Furthermore, section 111 prescribes delivery up in civil proceedings if a person has possession, custody or control of an object specifically desi gned or adapted for making copies of a copyright 
work and that object has been used or is to be used to make infringing copies.  
 In addition, section 112 allows the copyright holder  or a person authorized by the copyright owner 
to seize and detain an infringing copy of a work which is found exposed or otherwise immediately 
available for sale or hire. Section 113 extends the rights of exclusive licensee's the same right and IP/C/W/311/Add.1 
 
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remedies under sections 109, 110, 111 and 112, after the grant of a license, as if the license were 
an assignment.  Please note that under the Patents Act, infringement action can only be brought to the high court 
for UK patents. 
 47. Please explain whether or not your legi slation provides for a mechanism to appeal 
to judicial bodies of final administrative decisions . 
 The TM Act prescribes under section 11 that in the case of refusal or conditional acceptance by the Solicitor-General to register a trade-mark, shall be subject to appeal to the high court. Further, the 
Act provides under section 13(5) that the decision of the Solicitor-General after hearing parties on 
opposition to registration, shall be subject to ap peal to the high court. Also, section 32 provides 
that where a person is entitled by assignment, transmission or other operation of law to a 
registered trade-mark, he or she shall make an application to the Solicitor-General to register his 
or her title. Any decision of the Solicitor-General under this section is also subject to appeal to the court.  
 
Under the Patents Act, section 13 provides that the Attorney-General's decision in refusing a provisional certificate can be appealed to the court. Further, under section 15, if a person opposes an application for a letters patent, if the decision  of the Attorney-General is adverse to the party 
holding the provisional certificate, that person may appeal such decision to the court. 
 48. Please describe how your legislation authorizes judges to order production of 
evidence by the opposing party.  Please gi ve precise information on what measures are 
taken to ensure the protection of confidential information.  
Section 213 of the Copyright Act allows the Trib unal to issue a witness summons to a person 
requiring the person to appear before the Tribunal to give evidence. Failure to attend incurs a penalty of $2000.00.  
At present, neither the Patent Act nor Trade-mark Act contain provisions which authorize judges to 
order production of evidence. The Patents Act at present has no provision on the protection of confidential information. 
 
49. Please quote provisions of your legi slation that authoriz e judges to order a 
defendant to desist from an infringement . 
 
Under the Copyright Act, the court can order injunctions pursuant to sections 109(2), 110(3), 115(3) and 191(a).   
50. Please quote what provisions of your legislation authorize judges to order the 
payment to the right holder of adequate dama ges to compensate the injury he suffered. 
 
Under the Copyright Act, damages can be awarded pursuant to sections 80(2)(c), 101(2), 109(2), 
110(2), 114(4)(a), 115(2), 169(2), and 191(3)(b) and 191(4).  
51. Please quote what provisions of your legislation authorize judges to order the 
payment of the right holder's expenses by the infringer . 
 At present, there are no specific provisions for the court to order payment of the right holder's 
expenses by the infringer. However, as alluded in #50 above, under the Copyright Act, damages 
are a remedy for infringement and will cover losses suffered by the right holder.  
52. Please explain if and how judges have th e authority to order that infringing goods 
are placed outside channels of commerce or destroyed.  
Division 6 of the Copyright Act prescribes the procedures relating to disposal of infringing copy or 
other objects. Pursuant to Division 6, Section 125 (a) and (b) of the Copyright Act allow the court to make orders for forfeiture to the copyright owner or for the infringing items to be destroyed or otherwise dealt with as the court thinks fit. 
 IP/C/W/311/Add.1 
 
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53. Please quote what provisions of your legislation authorize judges to indemnify a 
defendant in the event of abuse by the plaintiff.  At present, the legislation has no provisions allowing judges to indemnify a defendant in the event 
of abuse by a Plaintiff. 
 54. Please explain how your legislation impl ements Article 50 of the TRIPS Agreement. 
 
At present, there are no provisions implementing Article 50 of the TRIPS Agreement.  55. Please identify the competent authorities in your jurisdiction who receive requests 
from right holders for an application to susp end the release of counterfeit goods by the 
customs authorities.  
Section 35 of the Copyright Act prevents the importat ion of infringing copies. However, at present, 
there is not competent authority with the power to suspend the release of counterfeit goods. 
 
56. Please indicate whether or not procedur es are available to suspend the exporting 
of counterfeit goods.  At present, there are no legal provisions to suspend the export of counterfeit goods. 
 
57. Please quote what provisions of your legislation authorize the competent authorities to order the destructio n or disposal of infringing goods . 
 
Section 125 of the Copyright Act allows the court to make orders for the disposal of infringing goods. 
 
Section 125 stipulates that:  
"125 .-(1) An application may be made to the cour t for an order that an infringing copy or 
other object delivered up pursuant to an order under section 111 or 123 or seized pursuant 
to section 112 or 122 be- (a) forfeited to the copyright owner; or 
(b) destroyed or otherwise dealt with as the court thinks fit. 
 (2) In considering what order (if any) should be made under subsection (1), the court must 
have regard to- 
(a)whether other remedies available in proceedi ngs for infringement of copyright would be 
adequate to compensate the copyright owner and to protect the interests of the copyright owner; and 
(b)  t h e  n e e d  t o  e n s u r e  t h a t  n o  i n f r i n g i n g  c o p y  i s  d i s p o s e d  o f  i n  a  m a n n e r  t h a t  w o u l d  
adversely affect the copyright owner.  
(3) Before making an order under subsection (1), a court must issue directions as to the 
service of notice on persons who have an  interest in the copy or other object. 
 
( 4 )  A  p e r s o n  w h o  h a s  a n  i n t e r e s t  i n  a  c o p y  o r  o t h e r  o b j e c t  w h i c h  i s  t h e  s u b j e c t  o f  a n  
application under subsection (1) is entitled- (a) to appear in proceedings for an order under this section, whether or not the person is 
served with notice; and 
(b) to appeal against any order made, whether or not the person appears in the 
proceedings.  
(5) An order made under subsection (1) does not take effect until the end of the period 
within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the 
appeal. 
 (6) If there is more than one person interested in a copy or other object, a court may direct that the object be sold, or otherwise dealt with, and the proceeds divided, and make any 
other order it thinks just. IP/C/W/311/Add.1 
 
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(7) If a court decides that no order should be made under this section, the person in whose possession, custody, or control the copy or ot her object was before being delivered up is 
entitled to its return.” 
 
58. Please indicate whether or not your le gislation provides for a de minimis imports 
exception . 
 
At present, the legislation does not provide for a de minimis imports exception.  59. Please explain how your legislation im plements Article 61 of the TRIPS Agreement . 
 
Division 5 of the Copyright Act which governs Offences addresses criminal liability for making or dealing with infringing objects. Sections 121 (1) – (3) set out the criminal acts and states: 
 
121.-(1) A person who, other than pursuant to a copyright licence- 
(a) makes for sale or hire; 
(b) imports into the Fiji Islands otherwise than for that person's private and domestic use; 
(c) possesses in the course of a business with a view to committing any act infringing the copyright; (d) in the course of a business- 
(i) offers or exposes for sale or hire; 
(ii) exhibits in public; or (iii) distributes; 
(e) in the course of a business or otherwise, sells or lets for hire; or 
(f) distributes otherwise than in the course of  a business to such an extent as to affect 
prejudicially the copyright owner, 
an object that is, and that the person know s or our ought reasonably to know is, an 
infringing copy of a copyrigh t work, commits an offence. 
 (2) A person who- 
(a) makes an object specifically designed or adapted for making copies of a particular 
copyright work; or (b) has such an object in the person's possession, 
when the person knows or ought reasonably to know that the object is to be used to make 
infringing copies for sale or hire or for use in  the course of a business, commits an offence. 
 
(3) Subject to subsection (4), a person who- 
(a) causes a literary, dramatic, or musical work to be performed, if the performance infringes copyright in the work; or (b) causes a sound recording or film to be played in public or shown in public, if the playing 
or showing infringes copyright in the sound recording or film, 
and who knows or ought reasonably to know that copyright in the work or in the sound recording or visual image, as the case may be, would be infringed by the performance, 
playing or showing respectively, commits an offence. 
 (4) Nothing in subsection (3) applies in respect of infringement of copyright by the reception 
of a broadcast or cable programme. 
 
Penalties for the above offences are prescribed under section 121(5) as follows: 
 
(5) A person who commits an offence under this section is liable on conviction- 
(a) in the case of an offence against subsection (1), to a fine of $5,000 for every infringing copy to which the offence relates, but not exceeding $50,000 in respect of the same 
transaction, and to imprisonment for 12 months; 
(b) in the case of an offence against subsection (2) or (3) to a fine of $50,000 and to imprisonment for 12 months, 
(c) in the case of a second or subsequent offence against subsection (2) or (3), to a fine of 
$100,000 and to imprisonment for 2 years.  
_______________ 
 IP/C/W/311/Add.1 
 
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ANNEX 11 
 
Copyright Act 1999  
ACTS PERMITTED IN RELATI ON TO COPYRIGHT WORKS  
Division 1-General  
Incidental copying of copyright work  
40.-(1) Copyright in a work is not infringed by- 
(a) the incidental copying of the work in an artistic work, a sound recording, an audio visual work, 
a broadcast, or a cable programme; 
(b) the issue to the public of copies of an arti stic work, the playing of a sound recording, the 
showing of an audio visual work, the making of a broadcast or the inclusion of a cable programme in a cable programme service, in which a copyright work has been incidentally copied; or 
the issue to the public of copies of a sound re cording, audio visual work, broadcast, or cable 
programme to which paragraph ( a) or ( b) applies. 
(2) For the purposes of this subsection, a musical work, words spoken or sung with music, or so 
much of a sound recording, broadcast, or cable programme as includes a musical work or such 
words, is not to be regarded as incidentally copied in another work if the musical work or, as the 
case requires, such words of that sound recording,  broadcast, or cable programme is deliberately 
copied. 
Criticism, review and news reporting  
41.-(1) Copying a work for the purpose of criticism or review of that or another work, or of a 
performance of a work, does not infringe copyrigh t in the work if the copy is accompanied by a 
sufficient acknowledgement. 
(2) Copying a work for the purpose of reporting current events by means of a sound recording, 
audio visual work, broadcast or cable programme  does not infringe copyright in the work. 
(3) Copying a work (other than a photograph) for the purpose of reporting current events by any 
means other than those referred to in subsection (2) does not infringe copyright in the work if the copy is accompanied by a sufficient acknowledgement. 
Research or private study  
42.-(1) Copying a work for the purposes of research  or private study by an individual does not 
infringe copyright in a literary, dramatic, musical or artistic work, unless there is a collective licence available of which the individual is or should be aware under which the copying can be 
done. 
(2) For the avoidance of doubt, it is declared that copying a published edition for the purposes of 
research or private study by an individual does not infringe copyright in either the typographical 
arrangement of the edition or in any literary, dramatic, or musical work or part of a work in the 
edition. 
                                               
1 In English only. IP/C/W/311/Add.1 
 
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(3) In relation to- 
(a) a literary, dramatic, or musical work that is contained in a book by one author; or 
(b) a published edition that is a book by one author, 
copying for the purposes of research or private study by an individual is limited to the making of 
one copy of the same work, or the same part of a work, on any one occasion. 
(4) In relation to- 
(a) a literary, dramatic, or musical work that is contained in an article in a periodical; 
(b) a published edition that is an article in a periodical, 
copying for the purposes of research or private st udy by an individual does not include copying for 
the purposes of research or private study the whole or part of the work or edition if another article 
dealing with a different subject matter is copied, on the same occasion, from the same issue of the periodical; but in any other case, includes copying for the purposes of research or private study by an individual the whole or part of the work or edit ion and any artistic work included in the whole or 
part. 
(5) In relation to a literary, dramatic, or musical work or a published edition, other than a work or 
edition to which subsection (3) or subsection (4) applies, copying for the purposes of research or 
private study by an individual includes copying fo r the purposes of research or private study not 
more than 10% of the work or edition and any artistic work included in that 10%. 
(6) Except as provided in subsections (3) to (5),  copying a work for the purposes of research or 
private study by an individual may include copyin g for the purposes of research or private study 
the whole or part of the work. 
(7) In determining, for the purposes of subsection (6), whether copying is for the purposes of 
research or private study by an individual, a court must have regard to- 
(a) the purpose of the copying; 
(b) the nature of the item copied; 
(c) whether the item could have been obtained within a reasonable time at an ordinary commercial 
price; 
(d) the effect of the copying on the potentia l market for, or value of, the work; and 
(e) where part of an item is copied - the amount  and substantiality of the part copied taken in 
relation to the whole item. 
(8). This section does not apply to a lite rary work that is a computer program. 
Division 2-Education  
Exemption from copyright infringement  
43.-(1) Copying by a school referred to in subsection (2) for the purposes of research or private 
study by an individual does not infringe copyright in a literary, dramatic, musical or artistic work, 
unless there is a collective licence available of wh ich the school is or should be aware under which 
the copying can be done. IP/C/W/311/Add.1 
 
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2) A school referred to in subsection (1) includes- 
(a) a kindergarten; 
(b) a primary school; 
(c) an intermediate school; 
(d) a secondary school; 
(e) a special school. 
(3) For the purposes of subsection (1) copying fo r purposes of research or private study means- 
(a) the whole or part of a literary, dramatic, musical or artistic work is copied for supply to any 
student or staff member of the school; 
(b) the school supplies no more than one copy of the copied material to any student or staff 
member of that school: and 
(c) if any student or staff member is required to pay for a copy, the payment required is no higher 
than the cost of production of the copy together  with a reasonable contribution to the general 
expenses of the school. 
(4) Subsection (1) does not apply to a literary work that is a computer program. 
Partial exemption from copyright infringement  
44.-(1) Copying by an educational establishment for the purposes of research or private study by 
an individual does not infringe copyright in a literary, dramatic, musical or artistic work, unless 
there is a collective licence available of which th e educational establishment is or should be aware 
under which the copying can be done. 
(2) For the purposes of subsection (1), copying for the purposes of research or private study by an 
individual means copying not more than- 
(a) one chapter of the literary, dramatic, musical or artistic work; or 
(b) 10% of the literary, dramatic, musical or artistic work, for supply to any student or staff 
member of the educational establishment, 
whichever is the less. 
(3). An educational establishment may apply to the Minister for a certificate of exemption entitling 
the establishment to exemption similar to those provided pursuant to section 43 for a school. 
(4) In determining, for the purposes of subsecti on (2), whether copying is for the purpose of 
research or private study, a court must have regard to- 
(a) the purpose of the copying; 
(b) the nature of the item copied; 
(c) whether the item could have been obtained within a reasonable time at an ordinary commercial 
price; IP/C/W/311/Add.1 
 
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(d) the effect of copying on the potential market for, or value of, the work; and 
(e) where part of an item is copied - the amount  and substantiality of the part copied taken in 
relation to the whole item. 
(5) Copyright in a dramatic, musical or artistic work is not infringed by its being copied in the 
course of instruction or of preparation for instruction, provided the copying- 
(a) is done by a person giving or receiving instruction; and 
(b) is not by means of a reprographic process. 
(6) Copyright in a sound recording, audio visual work or audio visual soundtrack, broadcast or 
cable programme is not infringed by its being copi e d  b y maki ng  an aud io vis ua l work or aud io 
visual soundtrack in the course of instruction, or of preparation for instruction, in the making of an audio visual work or audio visual soundtrack, prov ided the copying is done by a person giving or 
receiving instruction. 
(7) Subsection (1) does not apply to a literary work that is a computer program. 
Performing, playing, or showing work in  course of activities of educational 
establishment  
45.-(1) The performance of a literary, dramatic, or musical work before an audience consisting of 
persons who are students or staff members at a school or educational establishment or are directly connected with the activities of the school or establishment- 
(a) by a student or staff member in the course of the activities of the school or establishment; or 
(b) at the school or establishment by any person for the purposes of instruction, 
is not a performance in public for the purposes of section 32(1). 
(2) The playing or showing, for the purposes of instruction, of a sound recording, audio visual 
work, broadcast, or cable programme before an audience as described in subsection (1) at a school or educational establishment is not a playing or showing of the work in public for the 
purposes of section 32(2). 
(3) A parent or guardian of a student at a school or educational establishment is not, for the 
purposes of this section, to be treated as a person directly connected with the activities of the 
school or educational establishment. 
Recording by educational establishments of broadcasts and cable programmes  
46. A recording of a broadcast or cable programme, or a copy of such a recording may be made 
by or on behalf of a school or educational establishment for the educational purposes of that 
school or establishment without infringing copyri ght in the broadcast or cable programme, or in 
any work included in it, unless there is a collective licence available of which the school or educational establishment is or should or be aware under which copying can be done. 
Things done for purposes of examination  
47. Copyright is not infringed by anything done fo r the purposes of an examination, whether by 
way of setting the questions, communicating the questions to the candidates or answering the questions. IP/C/W/311/Add.1 
 
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Division 3-Libraries and Archives  
Prescribed libraries and archives  
48. In sections 49 to 53, unless the context otherwise requires- 
(a) "archive" means- 
(i) the National Archives of the Fiji Islands; (ii) any library, museum or other body approved by  the Minister of Information to be a repository 
of archival material under section 3 of the Libraries (Deposit of Books) Act (Cap 109) 
(http://www.paclii.org/fj/legis/consol_act/loba262/ ); 
(iii) any collection of documents (within the meaning of section 7 of the Public Records Act 
(Cap 108)) http://www.paclii.org/fj/le gis/consol_act/pra153/  of historical significance or public 
interest that is in the custody of and maintained by a person or body, whether incorporated or 
unincorporated, that does not keep and maintain th e collection for the purpose of deriving a profit; 
(b) "prescribed library'' means- 
(i) the Parliamentary Library; (ii) a library maintained by an educational establishment, government department, or local 
authority; 
(iii) any other library or class of library prescribed by regulations made under section 229, not 
being a library conducted for profit; 
(c) a reference to the librarian of a prescribed library or the archivist of an archive includes a 
person acting on behalf of the librarian or archivist. 
Copying by librarians of parts of published works  
49.-(1) The librarian of a prescribed library may, if the conditions contained in subsection (2) are 
complied with make from a published edition, for supply to another person- 
(a) in relation to a literary, dramatic, or musical work contained in a book by one author, not more 
than one copy of a short excerpt from the work; 
(b) in relation to a literary, dramatic, or musical work other than- 
(i) a work contained in a book by one author; or 
(ii) an article in a periodical, 
not more than one copy of a short excerpt of each author's work and any artistic work included in 
that work, without infringing copyright in the literary, dramatic, musical or artistic work or the typographical arrangement of the published edition. 
(2) The conditions referred to in subsection (1) are- (a) that a copy is supplied only to a person who satisfies the librarian that the person requires it 
for the purposes of research or private study; IP/C/W/311/Add.1 
 
- 20 - 
 
(b) that a copy must be supplied only to a person who satisfies the librarian that the requirement 
is not related to any similar requirement of another person; 
(c) that no person is supplied on the same occasion with more than one copy of the same 
material; 
(d) if a person to whom a copy is supplied is required to pay for it, the payment required is no 
higher than the cost of production of the copy together with a reasonable contribution to the 
general expenses of the library; and 
(e) that there is no collective licence available of  which the librarian is or should be aware under 
which the copying can be done. 
(3) Subsection (1) does not apply to a literary work that is a computer program. 
Copying by librarians of articles in periodicals  
50.-(1) The librarian of a prescribed library may, if the conditions contained in subsection (2) are 
complied with, make for supply to any person a copy of- 
(a) a literary, dramatic, or musical work, and any artistic work included in that work, contained in 
an article in a periodical; or 
(b) a published edition that is an article in a periodical, 
without infringing copyright in the literary, dramatic, musical, or artistic work or the typographical 
arrangement of the published edition. 
(2) The conditions referred to subsection (1) are- 
(a) that no person is supplied on the same occasion with more than one copy of the same article; 
(b) that no person is supplied on the same occasion with copies of more than one article contained 
in the same issue of a periodical unless the copies supplied all relate to the same subject matter; 
(c) if a person to whom a copy is supplied is required to pay for it, the payment required is no 
higher than the cost of production of the copy together with a reasonable contribution to the 
general expenses of the library; and 
(d) that there is no collective licence available of which the librarian is or should be aware under 
which the copying can be done. 
Copying by librarians for supply to other libraries  
51.-(1) The librarian of a prescribed library may make from a published edition, for supply to 
another prescribed library- 
(a) in the case of a literary, dramatic or musical work contained in a book by one author - not 
more than one copy of the work; 
(b) in the case of a literary, dramatic or musical wo rk contained in an article in a periodical - the 
whole article and any artistic work included in that work; 
(c) in the case of a literary, dramatic or musical work other than a work to which paragraph ( a) or 
(b) applies - not more than one copy of the work or edition and any artistic work included in that 
work, IP/C/W/311/Add.1 
 
- 21 - 
 
without infringing copyright in the literary, dramatic, musical., or artistic work or the typographical 
arrangement of the published edition. 
(2) The librarian of a prescribed library may, if the conditions contained in subsection (3) are 
complied with, make a copy of a literary, dramatic or musical work, and any artistic work included 
in the work, if the copy is- 
(a) from a published edition that is a book; and 
(b) for supply to the librarian of another prescribed library; 
without infringing copyright in the literary, dramatic, musical, or artistic work or the typographical 
arrangement of the published edition. 
(3) The conditions referred to in subsection (2) are that the librarian to whom the copy of the work 
is supplied- 
(a) has been unable to obtain the work at a commercial price within the 6 months preceding the 
supply; 
(b) makes and keeps a record sufficient to identify the work copied; 
(c) permits the inspection of the record by the copyright owner during normal office hours; and 
(d) pays, on demand, equitable remuneration to the copyright owner for the work copied. 
(4) In subsection (3)( d), the term "equitable remuneration" means a sum agreed the librarian and 
the copyright owner. 
(5) Subsections (1) and (2) do not apply to a literary work that is a computer program. 
Copying by librarians or archivis ts to replace copies of works  
52-(1) The librarian of a prescribed library or the archivist of an archive may make a copy of any 
item in the permanent collection of the library or archive for the purpose of- 
(a) preserving or replacing that item by placing th e copy in the permanent collection of the library 
or archive in addition to or in place of the item; or 
(b) replacing in the permanent collection of another prescribed library or archive an item that has 
been lost, destroyed, or damaged, 
without infringing copyright in any literary, dramatic or musical work, in any artistic work included 
in the work or in the typographical arrangement of a published edition. 
(2) Subsection (1) applies only where it is not reasonably practicable to purchase a copy of the 
item in question to fulfil the purpose in question. 
Copying by librarians or archivis ts of certain unpublished works  
53.-(1) The librarian of a prescribed library or the archivist of an archive may, if the conditions 
contained in subsection (3) are complied with, copy for supply to any person a copy of an 
unpublished work in the library or archive, without infringing copyright in that work. 
(2) This section does not apply if the copyright owner has prohibited copying of the work and at 
the time the copy is made the librarian or archivist making it is, or ought to be aware of that fact. IP/C/W/311/Add.1 
 
- 22 - 
 
(3) The conditions referred to in subsection (1) are- 
(a) that no person is supplied on the same occasion with more than one copy of the same work; 
(b)  t h a t  i f  a  p e r s o n  t o  w h o m  a  c o p y  i s  s u p p l i e d is required to pay for the copy, the payment 
r e q u i r e d  i s  n o  h i g h e r  t h a n  t h e  c o s t  o f  p r o d u c tion of the copy together with a reasonable 
contribution to the general expenses of the library or archive; and 
(c) that there is no collective licence available of which the library or archive is or should be aware 
under which the copying can be done. 
Division 4-Public Administration  
Parliamentary and judicial proceedings  
54. Copyright is not infringed by anything done for the purposes of- 
(a) parliamentary judicial proceedings; 
(b) reporting such proceedings. 
Commissions of inquiry and statutory inquiries  
55. Copyright is not infringed by anything done for the purposes of- 
(a) the proceedings of a commission of inquiry, a ministerial inquiry or a statutory inquiry; 
(b) reporting any such proceedings that are held in public. 
(2) Subsection (1)( b) does not authorise the copying of a work that is itself a published report of 
the proceedings of a committee of inquiry, ministerial inquiry or statutory inquiry. 
(3) Copyright in a work is not infringed by the i ssue to the public of copies of the report of a 
commission of inquiry, ministerial inquiry or statutory inquiry containing the work or material from it. 
Material open to public inspection or on official register  
56.-(1) If material is open to public inspection or public reference pursuant to a statutory 
requirement, or is on a statutory register, copyrigh t in the material is not infringed by the copying 
of the material, by or with the authority of the appropriate person, for a purpose that does not involve the issuing of copies to the public. 
(2) If material is open to public inspection or public reference pursuant to a statutory requirement, 
copyright is not infringed by the copying or issuing to the public or copies of the material, by or 
with the authority of the appropriate person, for the purpose of enabling the material to be 
inspected at a more convenient time or place or otherwise facilitating the exercise of any right for the purpose of which the requirement is imposed. 
( 3 )  I f  m a t e r i a l  t h a t  i s  o p e n  t o  p u b l i c  i n s p e c t i o n  o r  p u b l i c  r e f e r e n c e  p u r s u a n t  t o  a  s t a t u t o r y  
requirement, or that is on a statutory register, contains information about matters of general scientific, technical, commercial, or economic interest, copyright is not infringed by the copying or 
issuing to the public of copies of the material, by or with the authority of the appropriate person, 
for the purpose of disseminating that information. 
The Minister may by regulations provide that all or any of subsections (1) to (3), in such cases as 
may be specified in the regulations, apply only to copies marked in a specified manner. IP/C/W/311/Add.1 
 
- 23 - 
 
(5) The Minister may by regulations provide that al l or any of subsections (1) to (3) apply, to the 
extent and with any modifications specified in the regulations, in relation to- 
(a) material made open to public inspection or public reference by- 
(i) an international organisation specified in the regulations; or (ii) a person specified in the regulation who has functions in the Fiji Islands under an international 
agreement to which the State is a party; or 
(b) a register maintained by an international organisation specified in the regulations, 
as those provisions apply in relation to material open to public inspection or public reference 
pursuant to a statutory requirement or by virtue of being on a statutory register. 
(6) In this section- 
"appropriate person" means a person required to make material in a register open to public 
inspection or public reference on payment of any fee prescribed by or under a written law or, as 
the case may be, the person maintaining the register: 
"statutory register" means a register maintained pursuant to a statutory requirement; "statutory requirement" means a requirement of a written law. 
Material communicated to the State in the course of public business  
57.-(1) This section applies where- 
(a) a literary, dramatic, musical, or artistic work has, in the course of public business, been 
communicated to the State for any purpose, by or  with the licence of the copyright owner; and 
(b) a document (within the meaning of section 12 of the Official Secrets Act 1911 (UK)) recording 
or embodying the work is owned by, or is in the custody or control of, the State. 
(2) The State may, for- 
(a) the purpose for which the work was communicated to the State; or 
(b) any related purpose that could reasonably have been anticipated by the copyright owner, 
copy the work, and issue copies of the work to th e public, without infringing copyright in the work. 
(3) The State may not copy a work, or issue copies of a work to the public, under this section if 
the work has previously been published otherwise than under this section. 
(4) In subsection (1) "public business" includ es any activity carried on by the State. 
(5) This section has effect subject to any agreement to the contrary between the State and the 
copyright owner. 
Use of copyright material for service of the State  
58.-(1) Copyright in a work is not infringed by anyt hing done in relation to the work, by or on 
behalf of the State or by any person authorised in writing by a government department- IP/C/W/311/Add.1 
 
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(a) for the purpose of national security or during a period of emergency; or 
(b) in the interests of the safety or health of the public or any member of the public. 
(2) If an act is done under subsection (1), the State must pay reasonable remuneration to the 
copyright owner upon terms agreed betw een the State and the copyright owner. 
(3) An act to which subsection (1) applies does not- 
(a) constitute publication of a work; or 
(b) affect the term of copyright in a work. 
Rights of third parties in respect of State use  
59.-(1) No provision of any assignment or licence in force between the copyright owner and a 
person other than a government department is effe ctive to prevent any act being done in relation 
to a copyright work, if the act is done under section 58. 
(2) If- 
(a) an act is done under section 58; and 
(b) an exclusive licence is in force in respect of the work in relation to which the act is done, 
the State must pay reasonable remuneration to the licensee upon terms agreed between the State 
and the licensee. 
(3) If- 
(a) a person has a right in relation to a work by any licence other than an exclusive licence; and 
(b) a payment is made, in respect of that work, under section 58 to the copyright owner or under 
subsection (2) of this section to the exclusive licensee, 
the person is entitled to recover from the owner or exclusive licensee, as the case may be, such 
part of any payment as is agreed between that person and the copyright owner or the exclusive 
licensee, as the case may be. 
Proceedings against the State  
60.-(1) If an employee or agent of the State infrin ges copyright in a work, and the infringement is 
committed with the authority of the State, civil proceedings in respect of the infringement lie 
against the State under the State Proceedings Act (Cap 24), but subject to this Act. 
(2)Nothing in subsection (1) affects the rights of the State, or any person authorised by a 
government department, under section 58. 
Acts done under statutory authority  
61.-(1) If the doing of a particular act is specifically authorised by a written law, the doing of that 
act does not infringe copyright unless the written law provides otherwise. 
(2) Nothing in this section excludes any defence of statutory authority otherwise available under or 
pursuant to an enactment. IP/C/W/311/Add.1 
 
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Division 5-Literary, Dramatic, Musical, And Artistic Works 
Acts permitted on assumptions as to expiry of  copyright or death of author in relation to  
anonymous or pseudonymous works  
62.-(1) Copyright in a literary, dramatic, musical, or artistic work is not infringed by any act done 
at a time when, or in pursuance of arrangements made at a time when- 
(a) it is not possible for a person who wishes to do so to ascertain the identity of the author by 
reasonable inquiry; and 
(b) it is reasonable to assume- 
(i) that copyright has expired; or (ii) that the author died 50 years or more before the beginning of the calendar year in which the 
act is done or the arrangements are made. 
(2) Subsection (1)( b)(ii) does not apply in relation to- 
(a) a work in which State copyright exists under section 26; 
(b) a work- 
(i) in which copyright originally vested in an international organisation under section 28; and 
(ii) in respect of which an order made under that section specifies a copyright period longer than 
50 years. 
(3) In relation to a work of joint authorship- (a) the reference in subsection (1)( a) to its being not possible to ascertain the identity of the 
author is a reference to the identity of any of the authors; and 
(b) the reference in subsection (1)( b)(ii) to the author having died is a reference to all the authors 
having died. 
Use of recording of spoken words in certain cases  
63.-(1) If a recording of spoken words is made, in writing or otherwise, for the purpose of- 
(a) reporting current events; or 
(b) broadcasting or including in a cable programme service the whole or part of the work, 
it is not an infringement of copyright in the words as a literary work to use the recording or 
material taken from it (or to copy the recording, or any such material, and use the copy) for that 
purpose, if the conditions in subsection (2) are complied with. 
(2) The conditions referred to in subsection (1) are that- 
(a) the recording is a direct record of the spoken words and is not taken from a previous recording 
or from a broadcast or cable programme; IP/C/W/311/Add.1 
 
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(b) the making of the recording was not prohibited by the speaker and, if copyright already existed 
in the work, did not infringe copyright; 
(c) the use made of the recording or material taken from it is not of a kind prohibited by or on 
behalf of the speaker or copyright owner before the recording was made; and 
(d) the use is by or with the authority of a person  who is lawfully in possession of the recording. 
Public reading or recitation  
64.-(1) The reading in public or recitation in public by one person of a reasonable extract from a 
published literary or dramatic work is not to be treated as a performance in public for the purposes 
of section 32(1), if that reading or recitation is accompanied by a sufficient acknowledgement. 
(2) Copyright in a work is not infringed by the maki ng of a sound recording, or the broadcasting or 
inclusion in a cable programme, of a reading or recitation that pursuant to subsection (1) is not treated as a performance in public, if the recording, broadcast. or cable programme consists 
mainly of material in relation to which it is not necessary to rely on that subsection. 
Abstracts of scientific or technical articles  
65. If an article on a scientific or technical subject is published in a periodical accompanied by an 
abstract indicating the contents of that article, it is not an infringement of copyright in the 
abstract, or in the article, to copy the abstract or to issue copies of the abstract to the public, 
unless there is a collective licence available of wh ich the copier is or should be aware under which 
the copying can be done. 
Recordings of folk-songs  
66.-(1) A sound recording of a performance of a so ng may be made for the purpose of including 
the song in an archive maintained by a body prescribed by regulations under section 229 without 
infringing copyright in the words as a literary work or in the accompanying musical work, if the conditions in subsection (2) are complied with. 
(2) The conditions referred to in subsection (1) are that- (a) the words are unpublished and of unknown authorship at the time the recording is made; 
(b) the making of the recording does not infringe any other copyright; and 
(c) the making of the recording is not prohibited by any performer. 
(3) Copies of a sound recording made in reliance on subsection (1) and included in an archive 
maintained by a body prescribed by regulations made under this Act may, if the condition contained in subsection (4) is complied with, be made and supplied by the archivist without 
infringing copyright in the recording or the works included in it. 
(4) The condition referred to in subsection (3) is that no person is furnished with more than one 
copy of the same recording. 
Representation of certain artist ic works on published display  
67.-(1) This section applies to- 
(a) buildings; and IP/C/W/311/Add.1 
 
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(b) works (being sculptures, models for buildings, or works of artistic craftsmanship) that are 
permanently situated in a public place or in premises open to the public. 
(2) Copyright in a work to which this section applies is not infringed by- 
(a) copying the work by making a graphic work representing it; 
(b) copying the work by making a photog raph or audiovisual work of it; or 
(c) broadcasting, or including in a cable programme, a visual image of the work. 
(3) Copyright is not infringed by the issue to the public of copies, or the broadcasting or 
communication to the public or inclusion in a cable programme, of anything the making of which 
was, under this section, not an infringement of copyright. 
Special exception from protection  of literary or artistic works  
68.-(1) The making of any object in 3 dimensions (i ncluding, subject to subsection (2), a copy in 2 
dimensions reasonably required for the making of the object) does not infringe copyright in a literary or artistic work, if the work or a copy of i - 
(a) forms part of- 
(i) a patent specification that is open to public inspection in the Office of the Administrator-General 
in respect of a Fiji Islands patent that has ceased to exist; or 
(ii) a representation or specimen of a design that is open to public inspection in the Office of the 
Administrator-General in respect of a design for which registered protection in the Fiji Islands has ceased; and 
(b) is used for the purpose of making the object. 
(2) Subsection (1) does not authorise- 
(a) the making of a copy in 2 dimensions of an artistic work- 
(i) to which subsection (1) applies; and 
(ii) that is in 2 dimensions, 
if the copy is made directly from that artistic work; or (b) the making of a copy of a literary work to which subsection (1) applies, if the copy is made 
directly from that literary work. 
Special exception from protection of artist ic work that has been applied industrially  
69.-(1) -The making of- 
(a) any object in 3 dimensions; or 
(b) a copy in 2-dimensions reasonably required for the making of the object, 
does not infringe copyright in an artistic work, if, when the object or copy is made, the artistic 
work has been applied industrially, in the Fiji Islands or in any other country, by or with the licence 
of the copyright owner- IP/C/W/311/Add.1 
 
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(i) in the case of a work of artistic craftsmanship - more than 25 years before the object or copy is 
made; 
(ii) in the case of a sculpture that is a cast or pattern for an object that has a primarily utilitarian 
function -more than 25 years before the object or copy is made; 
(iii) subject to subsection (2), in the case of an y other artistic work -more than 25 years before the 
object or copy is made. 
(2) Subsection (1) does not apply to- 
(a) a sculpture that is not a cast or pattern for an object that has a primarily utilitarian function; or 
(b) a work of architecture, being a building or a model for a building. 
(3) Subsection (1) does not authorise the making of a copy in 2 dimensions of an artistic work that 
is in 2 dimensions, if the copy is made directly from that artistic work. 
(4) For the purposes of subsection (1), an artistic work is applied industrially if- (a) more than 50 copies in 3 dimensions are made of the work, for the purposes of sale or hire; 
(b) the work is copied in 3 dimensions in one or more objects manufactured in lengths, for the 
purposes of sale or hire; or  
(c) the work is copied as a plate that has been used to produce -  
(i) more than 50 copies of an object in 3 di mensions for the purpose of sale or hire; or 
(ii) one or more objects in 3 dimensions manufactured in lengths for the purposes of sale or hire. 
(5) For the purposes of subsection (4), 2 or more copies in 3 dimensions that are of the same 
general character and intended for use together are a single copy. 
Special exception from protection of literar y and artistic works relating to medicines  
70. The copying, adaptation or publication of a literary work or an artistic work does not infringe 
copyright in that work if the work- 
(a) relates to a medicine that has been imported by the State pursuant to sections 2 and 2A of the 
Pharmacy and Poisons Act (Cap 115); and 
(b) has been made, copied, published, adapted, or distributed in an overseas country by or with 
the licence of the owner of the copyright in the work in that country. 
Making of subsequent works by same artist  
71. If the author of an artistic work is not th e copyright owner, the author does not infringe 
copyright in that work by copying the work in maki ng another artistic work, if the main design of 
the earlier work is not repeated or imitated 
Reconstruction of buildings  
72. Anything done for the purposes of reconstructing a building does not infringe copyright- 
(a) in the building; or IP/C/W/311/Add.1 
 
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(b) in any drawings or plans in accordance with wh ich the building was, by or with the licence of 
the copyright owner, constructed. 
Division 6-Computer Programs, Sound Recordings, and Audio Visual Works  
Rental by educational establishments and libraries  
73. Copyright in a work (being a computer program, sound recording, or audio visual work) is not 
infringed by the rental of that work to any person by an educational establishment or a prescribed library within the meaning of section 49 if - 
(a) the educational establishment or prescribed library does not effect the rental of the work for 
the purposes of making a profit; and 
(b) the work that is the subject of the rental ha s previously been put into circulation with the 
licence of the copyright owner. 
Back-up copy of computer program  
74.-(1) Subject to subsection (3), copyright in a computer program is not infringed by the making 
of a copy of the computer program if- 
(a) the copy is made by or on behalf of the lawful user of the copy of the program (in this section 
referred to as the "original copy") from which the first-mentioned copy is made; 
(b) the copy is made solely for the purpose of being used by or on behalf of the lawful user of the 
original copy instead of the original copy if the original copy is lost, destroyed, or rendered 
unusable; and 
(c) there is no collective licence available of which the lawful user is or should be aware under 
which the copy can be made. 
(2) If an original copy is lost, destroyed or rend ered unusable, a copy made pursuant to subsection 
(1) is to be deemed for the purposes of  this section to be the original copy. 
(3) Subsection (1) does not apply to the making of a copy of a computer program 
(a) from an infringing copy of the computer program; or 
(b) contrary to an express direction by or on beha lf of the owner of the copyright in the computer 
program given to the lawful user of the original copy not later than the time when the lawful user of the original copy acquired that original copy. 
(4) For the purposes of this section- (a) a reference to a copy of a computer program is  a reference to any object in which the program 
is reproduced in a material form; and 
(b) a reference to an express direction, in relation to a copy of a computer program, includes a 
reference to a clearly legible direction printed on the copy or on a package in which the copy is 
supplied. 
Playing of sound recordings for purposes of club, society, etc.  
75.-(1) It is not an infringement of copyright in a sound recording to play the recording as part of 
the activities of, or for the benefit of, a club, society, or other organisation, if the conditions 
contained in subsection (2) are complied with. IP/C/W/311/Add.1 
 
- 30 - 
 
(2) The conditions referred to in subsection (1) are- 
(a) that the club, society or organisation is not established or conducted for profit; 
(b) that the main objects of the club, society, or organisation are charitable or are otherwise 
concerned with the advancement of religion, education, or social welfare; and 
(c) that the proceeds of any charge for admission to the place where the recording is to be heard 
are applied solely for the purposes of the club, society or organisation. 
Division 7-Broadcasts  and Cable Programmes  
Recording for purposes of time shifting  
76.-(1) The making for private and domestic use of a recording of a broadcast or cable 
programme solely for the purpose of enabling the recording to be viewed or listened to at a more convenient time does not infringe copyright in the broadcast or cable programme or in any work 
included in the broadcast or cable programme. 
(2) A recording that is- 
(a) made under subsection (1); and 
(b) retained for any longer than is reasonably nece ssary to enable the recording to be viewed or 
listened to at a more convenient time, 
infringes copyright in the broadcast or cable programme recorded and in any work included in the 
recording, and is to be treated as an infringing copy. 
Incidental recording for purposes of broadcast or cable programme  
77.-(1) This section applies where, under an assignment or licence, a person is authorised to 
broadcast or include in a cable programme service- 
(a) a literary, dramatic, or musical work, or an adaptation of such a work; 
(b) an artistic work; or 
(c) a sound recording or audio visual work. 
(2) Where this section applies, the person so authorised may, if the conditions contained in 
subsection (3) are complied with, do or author ise the doing of any of the following for the 
purposes of the broadcast or cable programme- 
(a) in the case of a literary, dramatic, or musical work, or an adaptation of such a work - copy the 
work or adaptation by making a sound recording or  audio visual work of the work or adaptation; 
(b) in the case of an artistic work - copy the work by taking a photograph or making an audio 
visual work of the work; 
(c) in the case of a sound recording or an audio visual work - make a copy of the recording or 
audio visual work. 
(3) The conditions referred to in subsection (2) are- IP/C/W/311/Add.1 
 
- 31 - 
 
(a) that the recording, audio visual work, photograph, or copy is not used for any other purpose; 
and 
(b) that the recording, audio visual work, photogra ph, or copy is destroyed within 6 months of 
being first used for broadcasting the work or, as  the case may be, including the work in a cable 
programme, unless the Minister has authorised the preservation of any recording, audio visual 
work; photograph or copy in the records of a government department or in the national archives 
because of its documentary character or exceptional importance. 
(4) A recording, audio visual work, photograph, or copy made in accordance with this section is to 
be treated as an infringing copy- 
(a) for the purposes of any use in breach of the condition contained in subsection (3) ( a); and 
(b) for all purposes after either of the conditions contained in subsection (3) is broken. 
Photographs of television br oadcasts or cable programmes  
78. Copyright in- 
(a) a television broadcast or cable programme; or 
(b) any audio visual work included in that broadcast or programme, 
is not infringed by the copying for private and domestic use of the whole or any part of an image 
forming part of the television broadcast or cable programme by- 
(i) the taking of a photograph of the image; or (ii) the making of a copy of such a photograph. 
Free public playing or showing of broadcast or cable programme  
79.-(1) The playing in public or showing in pub lic of a broadcast or cable programme to an 
audience which has not paid for admission to the place where the broadcast or cable programme is to be heard or seen does not infringe any copyright in- 
(a) the broadcast or cable programme; or 
(b) any sound recording or audio visual work included in the broadcast or programme. 
(2) For the purposes of subsection (1) an audience is to be treated as havi ng paid for admission on 
to a place if- 
(a) members of the audience have paid for admissi on to a place of which that place forms part; 
(b) goods or services are supplied at that place, or at a place of which that place forms part at 
prices- 
(i) that are substantially attributable to the facilities afforded for hearing or seeing the broadcast 
or cable programme; or 
(ii) that exceed those usually charged there and that are partly attributable to those facilities; or 
(c) if the place is a hotel, motel, camping ground or similar place and the audience consists of 
persons residing at the hotel, mo tel, camping ground or place. IP/C/W/311/Add.1 
 
- 32 - 
 
(3) For the purposes of subsection (1) the following are not to be treated as having paid for 
admission to a place- 
(a) persons admitted as residents or inmates of a place (other than a hotel, motel, or camping 
ground); 
(b) persons admitted as members of a club or society where the payment is only for membership 
of the club or society and the provision of facilities for hearing or seeing broadcasts or cable 
programmes is only incidental to the main purposes of the club or society. 
(4) If the making of the broadcast or inclusion of the programme in a cable programme service 
was an infringement of the copyright in a sound recording or audio visual work, the fact that the broadcast or programme was heard or seen in publ ic by the reception of the broadcast or cable 
programme must be taken into account in assessing the damages for that infringement. 
Reception and re-transmission of br oadcast in cable programme service  
80.-(1) This section applies where a broadcast made from a place in the Fiji Islands is, by 
reception and immediate re-transmission, included in a cable programme service. 
(2) Where this section applies- 
(a) copyright in the broadcast is not infringed if and to the extent that the broadcast- 
(i) is made for reception in the area in which the cable programme service is provided; and (ii) is not a satellite transmission or an encrypted transmission; 
(b) copyright in any work included in the broadcast is not infringed if and to the extent that the 
broadcast is made for reception in the area in which the cable programme service is provided; 
(c) where the making of the broadcast was an infrin gement of the copyright in any work included 
in the broadcast, the fact that the broadcast was retransmitted as a programme in a cable 
programme service is to be taken into account in assessing the damages for that infringement. 
(3) This section does not apply if or to the extent that a licence authorising the reception and 
immediate re-transmission of a broadcast is available under a licensing scheme to the person 
providing the cable programme service and the person providing the cable programme service 
knew or ought to have known that fact. 
Provision of subtitled copies of broadcast or cable programme  
81.-(1) A body prescribed by regulations made und er this Act may, for the purpose of providing 
people who are deaf or hard of hearing, or physic ally or mentally disabled in any other way, with 
copies that are subtitled or otherwise modified fo r their special needs, make copies of television 
broadcasts or cable programmes and issue copies to  the public, without infringing any copyright in 
the broadcasts or programmes or works included in those broadcasts or programme. 
(2) A body must not be prescribed for the purposes of subsection (1) if it is established or 
conducted for profit. 
Recording for archival purposes  
82.-(1) A recording of a broadcast or cable progra mme of a class prescribed by regulations made 
under this Act, or a copy of such a recording, maybe made for the purpose of being placed in an 
archive maintained by a body prescribed by regulations made under section 229 without infringing 
copyright in the broadcast or programme or in any work included in the broadcast or programme. IP/C/W/311/Add.1 
 
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(2) A body must not be prescribed for the purposes of subsection (1) if it is established or 
conducted for profit. 
Division 8-Adaptations  
Adaptations  
83. An act that under this Act may be done without infringing copyright in a literary, dramatic, or 
musical work does not, if that work is an adaptation, infringe any copyright in the work from which the adaptation was made. 
Division 9-Subsequent Dealings  
Subsequent dealings with copies made under this Part  
84.-(1) If a copy that would otherwise be an infringing copy is made in accordance with any of the 
provisions of this Act referred to in subsection (2) but is subsequently dealt with, it must be 
treated as an infringing copy for the purposes of that dealing and,. if that dealing infringes 
copyright, for all subsequent purposes. 
(2) The provisions referred to in subsection (1) are- 
(a) section 43 (which relates to copying by educational establishments for the purposes of 
research or private study); 
(b) section 44 (which relates to copying in the course of instruction); 
(c) section 46 (which relates to recording by educ ational establishments of broadcasts and cable 
programmes); 
(d) section 47 (which relates to things done for the purposes of an examination); 
(e) section 49 (which relates to copying by librarians of parts of published works); 
(f) section 50 (which relates to copying by librarians of articles in periodicals); 
(g) section 51 (which relates to copying by librarians for supply to other libraries); 
(h) section 52 (which relates to copying by librarians or archivists to replace copies of works); 
(i) section 53 (which relates to copying by librarians or archivists of certain unpublished works); 
(j) section 58 (which relates to use of copyright material for the service of the State); 
(k) section 74 (which relates to back-up copy of computer programs); 
(l) section 76 (which relates to recording for the purposes of time shifting). 
(3) In subsection (1), the term "dealt with" mean- 
(a) sold or let for hire in the course of a business or otherwise; or 
(b) offered or exposed for sale or hire in the course of a business. 
_______________IP/C/W/311/Add.1 
 
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ANNEX 21  
Copyright Act 1999 
Part X  
PERFORMERS' RIGHTS  
Division 1-General  
Definitions  
164. In this Part of this Act, unless the context otherwise requires- 
"copy", in relation to a recording, (a) means a copy of a recording made directly from that recording; and 
(b) includes a copy of a recording made indirectly from that recording; 
"illicit recording" - 
(a) means a recording of the whole or any substantial part of a performance made without the 
performer's consent and otherwise than for private and domestic use; and 
(b) includes a copy, made without the performer' s consent and otherwise than for private and 
domestic use, of a recording where- 
(i) the recording was made with the performer's consent, but the copy is made for purposes 
different from those for which the performer gave his or her consent to the recording; or 
(ii) the recording was made in accordance with one or more of the exemptions in sections 170 to 
174 or sections 179 to 181 but the copy is made for different purposes; 
"performance" - 
(a) means- 
(i) a dramatic performance, including a dance, a mime, and a performance given with the use of 
puppets; 
(ii) a musical performance; 
(iii) a reading or recitation of a literary work; or (iv) a performance of a variety act or any similar presentation, 
being in any such case either- 
(A) a live performance given in any country by a Fiji Islands citizen or a person domiciled or 
re s id e nt in the  F iji I s lan d s , or b y a c iti ze n or subject of or a person domiciled or resident in a 
Convention country; 
(B) a live performance given in the Fiji Islands or in a Convention country; 
                                               
1 In English only. IP/C/W/311/Add.1 
 
- 35 - 
 
(C) a performance to which this Part applies pursuant to section 165(2) or 200 or to regulations 
made under section 201; but 
(b) does not include- 
(i) a performance referred to in section 45(1), (ii) a reading, recital, or delivery of any item of news and information: 
(iii) a performance of a sporting activity; or 
(iv) participation in a performance as a member of an audience; "recording" in relation to a performance, includes a recording or audio visual work 
(a) made directly from the performance; or 
(b) made from a broadcast or communication to the public, or a cable programme, that includes 
the performance. 
Application  
165.-(1) This Part applies to any act done on or after the commencement of this Act in relation to 
a performance given on or after such commencement. 
(2) Notwithstanding subsection (1), if a performance was given 
(a) in the Fiji Islands; 
(b) in a Convention country in respect of which section 200 applies; 
(c) in a country or other place in respect of which a regulation under section 201 is in force; 
(d) in any place by a Fiji Islands citizen or a person domiciled or resident in the Fiji Islands, or by a 
citizen or subject of or a person domiciled or resident in a Convention country, 
this Part of this Act also applies in relation to a performance given before the commencement of 
this Act if- 
(i) not more than 50 years has elapsed from the end of the calendar year in which the 
performance was given; or 
(ii) in the case of a performance given in a Convention country, or in another country by a citizen 
or subject of or a person domiciled or resident in a Convention country, any period of protection given to that performance in the Convention country has not expired. 
(3) Notwithstanding that, by virtue of subsection (2), this Part applies to a performance given 
before the commencement of this Act, nothing in this Part applies to- 
(a) any act done, in relation to that performance, before the commencement of this Act or in 
pursuance of arrangements made before the commencement of this Act; or 
(b) the sale, letting for hire, or offer or exposure for sale or hire, after the commencement of this 
Act, of any recording or copy of a recording in existence in the Fiji Islands immediately before the commencement of this Act. IP/C/W/311/Add.1 
 
- 36 - 
 
(4) The rights conferred by this Part are independent of- 
(a) any copyright in, or moral rights relating to, any work performed or any sound recording or 
audio visual work of, or a broadcast, communication to the public or cable programme that 
includes, the performance; and 
(b) any other right or obligation arising otherwise than under this Part. 
(5) The rights conferred by this Part on a performe r are conferred only in relation to performances 
by that performer, whether alone or with others. 
Division 2-Performers' Rights  
Consent required for recording or live transmission of performance  
166.-(1) A performer's rights are infringed by a pe rson who, without the performer's consent- 
(a) makes, otherwise than for the person's private and domestic use, a recording of the whole or 
any substantial part of a performance; or 
(b) broadcasts live, or communicates to the public, the whole or any substantial part of a 
performance. 
(2) In proceedings for infringement of a performer' s rights brought under this section, a defendant 
who shows that at the time of the infringement the defendant believed on reasonable grounds that the performer's consent had been given is not liable to pay damages. 
Infringement by use of illicit recording  
167. A performer's rights are infringed by a pe rson who, without the performer's consent- 
(a) presents for public performance the whole or any substantial part of a performance; or 
(b) broadcasts, communicates to the public or includes in a cable programme the whole or any 
substantial part of a performance, 
by means of a recording that is, and that the person knows or has reason to believe is, an illicit 
recording. 
Copying of recordings  
168.-(1) A performer's rights are infringed by a person who, without the performer's consent and 
otherwise than for that person's private and domest ic use, copies a recording if the person knows 
or has reason to believe that the recording was made without the performer's consent. 
(2) In proceedings for infringement of a performer' s rights brought under this section, a defendant 
who shows that at the time of the infringement the defendant believed on reasonable grounds that the performer's consent to the recording had been given is not liable to pay damages. 
(3) A performer's rights are infringed by a pe rson who, without the performer's consent and 
otherwise than for the person's private and domestic use, copies a recording- 
(a) if the copy is made for purposes different from those for which the performer gave consent to 
the recording; or 
(b) if the recording was made in accordance with one or more of the exemptions contained in 
sections 170 to 174 or sections 176 to 181, but the copy is made for different purposes. IP/C/W/311/Add.1 
 
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(4) In proceedings for infringement of a performer' s rights brought under this section, a defendant 
who shows that at the time of the infringement the defendant believed on reasonable grounds that the performer's consent to the copying of the re cording had been given is not liable to pay 
damages. 
Infringement by importing, possessing , or dealing with illicit recording  
169.-(1) A performer's rights are infringed by a person who, without the performer's consent- 
(a) imports into the Fiji Islands otherwise than for the person's private and domestic use; or 
(b) in the course of a business, possesses, sells, lets for hire, offers or exposes for sale or hire, or 
distributes, 
a recording that is, and that the person knows or has reason to believe is, an illicit recording. 
(2) If, in proceedings for infringement of a pe rformer's rights brought under this section, a 
defendant shows that the recording was innocently acquired by the defendant or a predecessor in 
title of the defendant, the only remedy ava ilable against the defendant in respect of the 
infringement is damages not exceeding a reasonable payment in respect of the act complained of. 
(3) in subsection (2), "innocently acquired" means that the person acquiring the recording did not 
know, and had no reason to believe, that it was an illicit recording. 
Division 3-Acts Permitted in relation to Performances  
Incidental copying of performance or recording  
170.-(1) The rights conferred by this Part are not infringed by- 
(a) the incidental copying of a performance or recording in a sound recording, audio visual work, 
broadcast, or cable programme; 
(b) the public performance of a sound recording or audio visual work, the making of a broadcast or 
the communication of a cable programme to the pu blic, if the performance or recording has been 
incidentally copied in that sound recording, audio visual work, broadcast, or programme; or 
(c) the issue to the public of copies of such a sound recording audio visual work, broadcast, or 
cable programme. 
(2) For the purposes of this section, a performance or recording, so far as it consists of- (a) music; or 
(b) words spoken or sung with music, 
is not incidentally copied in another work if th e performance or recording is deliberately copied. 
Permitted Acts in relation to performances , criticism, reviews, and news reporting  
171. Copying of a performance or recording- 
(a) fate purposes of criticism or review, of that or another performance, or of a work., 
(b) for the purposes of reporting current events, IP/C/W/311/Add.1 
 
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does not infringe any of the ri ghts conferred by this Part. 
Things done for Purposes of instruction or examination  
172.-(1) The rights conferred by this Part are no t infringed by the copying of a recording of a 
performance if- 
(a) the copying is done- 
(i) in preparing a course of instruction; 
(ii) for use during a course of instruction; (iii) during a course of instruction; or 
(iv) after a course of instruction, 
if the instruction is on how to make audio visual works or audio visual sound-tracks or relates to 
the learning of a language or is conducted by correspondence; 
(b) the copying is done by or on behalf of a pers on who is to give, is giving, or has given the 
lesson, or by or on behalf of a person who is to receive, is receiving, or has received the lesson; 
and 
(c) no charge is made for the supply of a copy to any student or other person who is to receive, is 
receiving, or has received the lesson. 
(2) The rights conferred by this Part are not infringed- (a) by the copying of a recording of a performanc e for the purposes of setting or answering the 
questions in an examination; or 
(b) by anything done for the purposes of an examination by way of communicating the questions 
to the candidates. 
Playing or showing sound recording, audio visual work, broadcast or cable programme 
at educational establishment.  
173.-(1) The public performance of a sound recording, audio visual work, broadcast or cable 
programme at an educational establishment for the purposes of instruction, before an audience 
consisting of persons who are students or staff members at the establishment or persons directly connected with the activities of the establishment, does not infringe any of the rights conferred by 
this Part. 
(2) For the purposes of this section, a person is not a person directly connected with the activities 
of an educational establishment by reason only that the person is a parent or guardian of a 
student at that educational establishment. 
Recording of broadcasts and cable prog rammes by educational establishment  
174. A recording of a broadcast or cable programme, or a copy of such a recording, may be made 
by or on behalf of an educational establishment for the educational purposes of the establishment 
without infringing any of the rights conferred by this Part in relation to any performance or 
recording included in the recording or copy. IP/C/W/311/Add.1 
 
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Subsequent dealings  
175.-(1) If a recording, or a copy of a recording, that would otherwise be an illicit recording- 
(a) is made in accordance with section 172 or 174; and 
(b) is subsequently dealt with, in terms of subsection (2) of this section,  
it is an illicit recording-  (i) for the purposes of the dealing referred to in paragraph ( b) unless the dealing is authorised by 
the performer; and 
(ii) for the purposes of any dealing that is subsequent to the dealing referred to in paragraph ( b), 
unless the first-mentioned dealing is authorised by the performer. 
(2) In subsection (1) the term "dealt with" means sold or let for hire, or offered or exposed for 
sale or hire, in the course of a business. 
Parliamentary and judicial proceedings  
176. The rights conferred by this Part are not infringed by anything done for purposes of- 
(a) parliamentary or judicial proceedings; or 
(b) reporting such proceedings. 
Commissions of inquiry and statutory inquiries  
177. The rights conferred by this Part are not infringed by anything done for purposes of- 
(a) the proceedings of a commission of inquiry a ministerial inquiry or a statutory inquiry; 
(b) reporting any such proceedings that are held in public. 
Acts done under statutory authority  
178.-(1) If the doing of a particular act is specifically authorised by a written law, the doing of the 
act does not infringe the rights conferred by this Part unless the law provides otherwise. 
(2) Nothing in this section excludes any defence of statutory authority otherwise available under or 
pursuant to any written law. 
Use of recordings of spoken words in certain cases  
179.-(1) If a recording of the reading or recitation of a literary work is made- 
(a) for the purpose of reporting current events; or 
(b) for, the purpose of broadcasting, or communicating to the public, the whole or part of the 
reading or recitation, 
it is not an infringement of the rights conferred by this Part to use the recording (or to copy the 
recording and use the copy) for that purpose, if the conditions contained in subsection (2) are 
complied with.. IP/C/W/311/Add.1 
 
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(2) The conditions referred to in subsection (1) are that- 
(a) the recording is a direct recording of the reading or recitation and is not taken from a previous 
recording or from a broadcast or cable programme; 
(b) the making of the recording was not prohibited by  or on behalf of the person giving the reading 
or recitation; 
(c) the use made of the recording is not of a kind prohibited by or on behalf of that person before 
the recording was made; and 
(d) the use is by or with the authority of a person  who is lawfully in possession of the recording. 
Recordings of folk-songs  
180.-(1) A recording of a performance of a song may be made for the purpose of including the 
song in an archive maintained by a prescribed bo dy without infringing any of the rights conferred 
by this Part, if the conditions in subsection (2) are complied with. 
(2) The conditions referred to in subsection (1) are that- 
(a) the words are unpublished and of unknown authorship at the time the recording is made; 
(b) the making of the recording does not infringe any copyright; and 
(c) the making of the recording is not prohibited by any performer. 
(3) Copies of a recording made in reliance on subsection (1) and included in an archive maintained 
by a prescribed body may, if the condition in subsection (4) is complied with, be made and 
supplied by the archivist without infringing any of the rights conferred by this Part. 
(5) The condition referred to in subsection (3) is that no person is furnished with more than one 
copy of the same recording. 
Playing of sound recording for pu rposes of club, society, etc.  
181.-(1) It is not an infringement of any right conferred by this Part to play a sound recording as 
part of the activities of, or for the benefit of, a club, society, or other organisation, if the conditions in subsection (2) are complied with. 
(2) The conditions referred to in subsection (1) are- (a) that the club, society, or organisation is not established or conducted for profit; 
(b) that the main objects of the club, society, or organisation are charitable or are otherwise 
concerned with the advancement of religion, education, or social welfare; and 
(c) that the proceeds of. any charge for admission to the place where the recording is to be heard 
are applied solely for the purposes of the club, society, or organisation. IP/C/W/311/Add.1 
 
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Incidental recording for purposes of broadcast or cable programme  
182.-(1) A person who proposes to- 
(a) broadcast a recording of a performance; or 
(b) communicate to the public a recording of a performance, 
in circumstances not infringing the rights conferred by this Part is to be treated as having obtained 
consent for the purposes of this Part to the making of a recording for the purposes of the 
broadcast or cable programme. 
(2) The consent referred to in subsection (1) is subject to the conditions that the recording- 
(a) must not be used for any other purpose; and 
(b) must be destroyed within 6 months of being first used for broadcasting the performance or, as 
the case may be, communication to the public of the performance, 
unless the Minister has authorised the preservation of the recording in the records of a 
government department or in the National Archives because of its documentary character or 
exceptional importance, in which case it may be kept and used for archival purposes. 
(3) A recording made in accordance with  this section is an illicit recording- 
(a) for the purposes of any use in breach of the condition in subsection (2)( a); and 
(b) for all purposes if either of the conditions in subsection (2) is broken. 
Free public performance of br oadcast or cable programme  
183.-(1) The public performance of a broadcast (other than a broadcast to which subsections (5) 
to (7) apply), the communication of a cable programme to an audience, or any other 
communication to an audience which has not paid for admission to the place where the broadcast, cable programme or communication is to be heard or seen, does not infringe any right conferred by this Part in relation to a performance or recording included in- 
(a) the broadcast, cable programme or communication; or 
(b) any sound recording or audio visual work that is  played or shown in public by reception of the 
broadcast, cable programme or other communication. 
(2) For the purposes of subsection (1) an audience is to be treated as having paid for admission to 
a place if- 
(a) members of the audience have paid for admissi on to a place of which that place forms part; 
(b) goods or services are supplied at that place, or at a place of which that place forms part, at 
prices- 
(i) that are substantially attributable to the facilities afforded for hearing or seeing the broadcast, 
cable programme or other communication to the public; or 
(ii) that exceed those usually charged there and that are partly attributable to those facilities; or IP/C/W/311/Add.1 
 
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(c) the place is a hotel, motel, camping ground or similar place and the audience consists of 
persons residing at the hotel, mo tel, camping ground or place. 
(3) For the purposes of subsection (1) the following are not to be treated as having paid for 
admission to a place 
(a) persons admitted as residents or inmates of a place (other than a hotel, motel, camping 
ground, or other place to which subsection (2)( c) applies); 
(b) persons admitted as members of a club or society where the payment is only for membership 
of the club or society and the provision of facilities for hearing or seeing broadcasts or cable 
programmes is only incidental to the main purposes of the club or society. 
(4) Subsections (5) to (7) apply in respect of the public performance of a broadcast- 
(a) that is made for reception in the area in which it is played or shown; 
(b) that is not a satellite transmission or an encrypted transmission; and 
(c) that is shown or played simultaneously upon reception of the transmission of the broadcast. 
(5) The public performance of a broadcast to which subsection (4) applies to an audience which 
has not paid for admission to the place where the broadcast is to be heard or seen does not 
infringe any right conferred by this Part in relation to a performance or recording included in- 
(a) the broadcast; or 
(b) any sound recording or audio visual work included in the broadcast. 
(6) For the purposes of subsection (5) an audience is to be treated as having paid for admission to 
a place if- 
(a) members of the audience have paid for admission  to a place of which that place forms part; or 
(b) goods or services are supplied at that place, or a place of which that place forms part- 
(i) at prices that are substantially attributable to the facilities afforded for bearing or seeing the 
broadcast; or 
(ii) at prices exceeding those usually charged th ere and that are partly attributable to those 
facilities. 
(7) For the purposes of subsection (5) the following are not to be treated as having paid for 
admission to a place- 
(a) persons admitted as residents or inmates of a place (including, without limitation, persons 
residing in a hotel, motel, camping ground, or similar place; 
(b) persons admitted as members of a club or society where the payment is only for membership 
of the club or society and the provision of facilities for hearing or seeing broadcasts or cable 
programmes is only incidental to the main purposes of the club or society. 
(8) If the making of a broadcast or communication to the public was an infringement of the rights 
conferred by this Part in relation to a performance or recording, the fact that the broadcast or communication was heard or seen in public by the reception of a broadcast or cable programme 
must be taken into account in assessing the damages for that infringement. IP/C/W/311/Add.1 
 
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Reception and retransmission of br oadcast in cable programme service  
184.-(1) This section applies where a broadcast made from a place in the Fiji Islands is, by 
reception and immediate retransmission, communicated to the public. 
(2) Where this section applies- (a) the rights conferred by this Part in relation to a performance or recording included in the 
broadcast are not infringed if and to the extent that the broadcast is made for reception in the area in which the cable programme service is provided; and 
(b) if the making of the broadcast was an infringement of any right conferred by this Part, the fact 
that the broadcast was retransmitted as a programme in a cable programme service must be 
taken into account in assessing the damages for the infringement. 
Provision of subtitled copies of broadcast or cable programme  
185.-(1) A prescribed body may, for the purpose of providing people who are deaf or hard of 
hearing or physically or mentally handicapped in any other way, with copies that are subtitled or 
otherwise modified for their special needs, make recordings of television broadcasts or cable 
programmes without infringing any right conferred by this Part in relation to a performance or 
recording included in the broadcast or cable programme. 
(2) A body must not be prescribed for the purposes of subsection (1) if it is established or 
conducted for-profit 
Recording of broadcast or cable programme for archival purposes  
186.-(1) A recording of a broadcast or cable programme  of a prescribed class, or a copy of such a 
recording, may be made for the purpose of being pl aced in an archive maintained by a prescribed 
body without infringing any right conferred by this Part in relation to a performance or recording 
included in the broadcast or cable programme. 
(2) A body must not be prescribed for the purposes of subsection( 1) if it is established or 
conducted for profit 
Division 4-Duration and Transmission of Rights  
Duration of rights  
187. The rights conferred by this Part exist in re lation to a performance until the end of 50 years 
after the end of the calendar year in which the performance takes place. 
Transmission of rights  
188.-(1) The rights conferred by this Part are not assignable, and are transmissible only in 
accordance with this section. 
(2) On the death of a person entitled to performers' rights- 
(a) if the deceased person by testamentary disposit ion specifically directed that the rights should 
pass to any person or persons, the rights so pass. 
(b) if or to the extent that there is no such dire ction, the rights are exercisable by the personal 
representatives of the deceased person, IP/C/W/311/Add.1 
 
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and references in this Part to the performer, in the context of the person having performers' 
rights, are to be construed as references to the person for the time being entitled to exercise those rights. 
(3) If under subsection (2)( a) a right becomes exercisable by more than one person, it is 
exercisable by each of them independently of the other or others. 
(4) Any damages recovered by personal representatives under this section in respect of an 
infringement after a person's death devolve as part of the estate of that person as if the right of action had existed and been vested in the person immediately before death. 
Division 5-Consent  
Consent  
189.-(1) Consent for the purposes of this Part may be given in relation to a specific performance, 
a specified description of performances, or performances generally, and may relate to past or 
future performances. 
(2) If a right conferred by this Part passes to another person, any consent binding on the person 
previously entitled binds the person to whom the right passes in the same way as if the consent 
had been given by that person. 
Power of Tribunal to give cons ent on behalf of performer  
190-(1) If a person wishes to make a copy of a recording but- 
(a) the consent of a performer to the making of such a copy is required; and  
(b) either 
(i) the identity or whereabouts of the performer cannot be ascertained by reasonable inquiry; or 
(ii) the performer unreasonably withholds his or her consent, 
the person may apply to the Tribunal for consent to make the copy. 
(2) The Tribunal may, subject to this section, ma ke an order giving consen t to the making of the 
copy and may attach any conditions to the order it thinks fit. 
(3) The consent given by the Tribunal under subsection (2) has effect as the consent of the 
performer for the purposes of the provisions of this Part relating to performers' rights. 
(4) The Tribunal must not give consent under subsection (2) unless satisfied that any directions as 
to the service or publication of notices the Tribunal gives have been complied with. 
(5) The Tribunal must not give consent under subsection (2) unless satisfied that the performer's 
reasons for withholding consent do not include the protection of any legitimate interests of the performer; but it is for the performer to show what the reasons are for withholding consent, and in 
default of evidence as to the reasons the Trib unal may draw any inferences it thinks fit. 
(6) In any case before it the Tribunal must  take into account the following factors 
(a) whether the recording of which the applicant seeks to make a copy was made with the 
performer's consent and as lawfully in the possessi on or control of the person proposing to make 
the copy: IP/C/W/311/Add.1 
 
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(b) whether the making of the copy is consistent with the obligations of the parties to the 
arrangements under which the recording was made, or is otherwise consistent with the purposes for which the recording was made. 
(7) If the Tribunal gives consent under this section, it must, in default of agreement between the 
applicant and the performer, make any order as it thinks fit as to the payment to be made to the performer in consideration of consent being given.  
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