Parallel importation of books: productivity commission releases discussion draft

The Productivity Commission was requested to undertake a study on the current provisions of the Copyright Act 1968 (the Act) that restrict the parallel importation of books published in Australia. In this discussion draft, the Productivity Commission examines the effects of the Act’s current restrictions on parallel imports of books and assesses whether these restrictions should be repealed or modified.

The Commission does not currently propose to recommend the abolition of parallel import restrictions. However, it considers that it would not be appropriate to retain the restrictions in their current form. Hence the Commission currently proposes recommending that:

*  the restrictions on parallel imports apply for only 12 months from the date of first publication of a book in Australia, rather than the full term of copyright;
* to be eligible for protection in the first 12 months, commercial quantities of an Australian published edition must be made available within 30 days of the date of first publication overseas;
* if a book subsequently becomes unavailable in Australia during the 12-month period, parallel importation would be freely permitted until local supply was re-established; and
* booksellers be allowed to offer an aggregation service for individual import orders under the “single use” provisions.

The Commission notes that it does not see the proposed regime as being the end point of the progressive opening of the book market, and proposes that the outcomes of the new arrangements be reviewed five years after implementation.

The Commission intends to finalise its report by 13 May 2009, after further public consultation and input. The Commission will hold roundtables to this end in April 2009. Written submissions to the Productivity Commission are due no later than 17 April 2009.

More:

Discussion draft www.pc.gov.au/projects/study/books/draft