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  1. 1. .I.ntefnational News nte.rnational News be available, on legal issues potentially of ·,Australia general importance". The judgment in the ACCCs .Brazil application (Kabushikj Kaisha Sony ComputerNew anti-circurnvention Entertainment v Stevens [200/) FCA /379) is Transfer pricing rules.lawsto be tested available at Brazil is now discussing some changes to its dedO/200 13/0/FD004490.htm legislation related to Transfer Pricing.In the first test of Australias new anti- In conjunction with the Federal The new BiII No. 4695 of May 16, 200 Icircumvention laws, Sony has brought an Government,Australian copyright collecting proposed by Deputy Nelson Proença wasaction in relation to computer games societies are working on acode of conduet sent to the Foreign Relation and Nationaldesigned for use with its PlayStation com- covering matters including: Defense commission on May 30, 200 I forputer console. The new laws, introduced its appreciation.into the Copyright Act in March this year, distribution of remuneration and Transfer Pricing in Brazil is presently ruledgive copyright owners the right to prevent Iicense fees; by Law 9,430 of December 27, 1996. Underthe sale, manufacture and importation of collecting society expenses; this law, intelleetual property rights aredevices for circumvention of"technological governance and accountability; expressly excluded from the applicability ofprotection measures". staff training; and transfer pricing rules. Sony alleges that computer programs complaints and disputes. The proposed BiII however is includingwithin its PlayStation games are proteeted intellectual property rights as subjectby an access code which is designed to The development of acode was a matter of transfer pricing rules. However,inhibit infringement, and that the code is a recommendation of the House of under Section 35 of the BiII,the total pay-technological protection measure within Representatives Standing Committee on ment of royalties related to intellectualthe meaning of the legislation. Sony further Legal and Constitutional Affairs in its 1998 property rights must be less than 5 peralleges that the defendant has sold devices report on music licensing. cent or less than IO per cent of the netwhich have no purpose or use, or only a Copies of the draft code are available sales. For companies that are receivingIimited purpose or use, other than the from some of the collecting societies web- incentives under the t:echnology develop-circumvention of its protection measures. sites, including: ment program provided by the Law 8,661 In an interesting development, the of 1993 are excluded from the applicabilityAustralian Competition and Consumer of transfer pricing.Commission (the national competition If this BiII is passed and enacted by theand consumer watch-dog) has been Collecting society appointed President, ali companies that are presentlygranted leave to appear as amicus curiae to administer retransmission engaged in Trademark, Patent, Copyrightin the case. The ACCC argued that it licence Licenses, Technology Transfers or Technicalwished to make submissions on important Assistance Agreements must review theirquestions of construction that arise con- The Federal Government has appointed agreements to be in compliance with thecerning the anti-circumvention provi- Screenrights, the audio visual copyright new rules.sions. It also submitted that it could assist colleeting society, to administer the new However this BiII would not revokethe Court to understand the nature of statutory Iicense for the retransmission of previous laws that regulate the paymentthe deviçe that Sony alleges is being cir- free-to-air broadcasts. The Copyright Act and remittances of royalties related tocumvented. Sony objected to the ACCCs was amended in March this year to intelleetual property rights, and this topie isapplicadon. Dne reason advanced for its provide for the payment of royalties to still to be addressed by Congressoobjection was that an amicus curiae owners of copyright in material included inshould not be appointed on the express broadcast programs when those programs © frica Aoki, 200.instructions of a party to the proceedings are retransmitted on pay TV. Prior to Moreira Lima, Royster & Ohnoand, in this case, the ACCC made its this amendment, pay TV operators couldapplication following a written request for retransmit programs for free.assistance by the defendant. In granting Screenrights will enter into negotiationsthe ACCC leave to appear, the Court said with pay TV operators regarding the royal-that the anti-circumvention provisions in- ties payable and will appoint an independentvolve difficult questions of construction expert to oversee consultations regardingthat have not been the subjeet of detailed the allocation of royalties among the various Proposed arnendrnentconsideration in Australia and these rightsholders. tQlawquestions may prove to be of general For more information, see Screenrightspublic significance. The Court went on to web site ( The proposed amendment to copyrightsay that the "ACCC is therefore likely to law, in the first part mainly deals with theprovide substantial assistance to the © Virginia Morrison, 200 I. so-called super-treatment of nationalities.Court, of a kind that otherwise might not Australian Copyright Council. This is designed to eliminate the unequal 3