ORAL ANSWERS TO QUESTIONS COPYRIGHT ACT (Amendments in relation to parallel importation of goods)

Mr Chng Hee Kok asked the Minister for Law if he will propose amendments to the Copyright Act in relation to parallel importation of goods.

The Parliamentary Secretary to the Minister for Law (Assoc. Prof. Ho Peng Kee) (for the Minister for Law): Mr Speaker, Sir, when the Chief Justice's decision in PP v Teoh Ai Nee and Ngoh Chin Heng was first reported in the press, a committee was formed to study its implications and to review the law and policy on parallel imports of copyright products. The committee will complete its review and make its recommendations soon.

The decision of the Chief Justice highlighted some unintended effects of the law. When Parliament enacted the Copyright Bill in 1987, the House was told that the legislative intent was not to prohibit parallel imports, only counterfeit products.

The decision turned on the technical interpretation of a particular section of the Copyright Act, which was open to alternative interpretations. At the same time, however, the Chief Justice made it clear that formulating Singapore's policy on parallel imports should be the task of the legislature and not that of the judiciary.

Government's policy on parallel imports has not changed. We must strike a balance between, on the one hand, ensuring cheaper prices for consumers and, on the other, providing sufficient protection to the copyright industries, to enable them to reap the benefits of their efforts and so have the incentive to develop the business. Once we receive the committee's report, we will propose amendments to the law to clarify this.

Mr Chng Hee Kok (Tampines GRC): Sir, due to the uncertainty, when will this committee complete its report?

Assoc. Prof. Ho Peng Kee: Sir, the committee's report will be made available to Government some time in early March, and within two months the Government will clarify the position.