a
is not an EEA state, the Channel Islands, the Isle of Man or Gibraltar, and
b
is not—
1. i
  in relation to copyright, a country party to the Berne Convention M1 or to the World Intellectual Property Organisation Performances and Phonograms Treaty M2 or a member of the World Trade Organisation, or
2. ii
  in relation to copyright and performances, a country party to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations M3 or otherwise a Convention country M4,

that provision has been or will be made under the law of that country giving adequate protection to the owners of copyright under Part 1 of the Copyright, Designs and Patents Act 1988 M5 and to the owners of rights in respect of British performances M6.

Accordingly, Her Majesty, by and with the advice of Her Privy Council, in exercise of the powers conferred upon Her by sections 159, 206(4) and 208 of the Copyright, Designs and Patents Act 1988 M7 and, in relation to article 1(3), by section 2(2) of the European Communities Act 1972 M8, makes the following Order:

Annotations:

Marginal Citations

Cm.1212; “Berne Convention” is defined in section 159(9) of the Copyright, Designs and Patents Act 1988 c.48; section 159 of that Act was substituted by section 22(4) of the Intellectual Property Act 2014 (c.18).

Cm.3728.

Cm.2425.

“Convention country” is defined in section 208(2) of the Copyright, Designs and Patents Act 1988.

1988 c.48.

“British performance” is defined in section 208(3) of the Copyright, Designs and Patents Act 1988.

Section 159 was substituted, section 206(4) was inserted and section 208 was amended by section 22 of the Intellectual Property Act 2014 (c.18).

1972 c.68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7).