100
NO. 22 OF 2021
(3) This section does not limit section 146.
Accessory to imported article to be ignored for purposes of sections 147 and 148 in certain circumstances
149.—(1) This section applies where—
- (a) an imported article includes an accessory;
- (b) the accessory is or embodies any of the following material:
- (i) an authorial work;
- (ii) a published edition of an authorial work;
- (iii) a sound recording;
- (iv) a film;
- (c) copyright subsists in the material; and
- (d) the article (considered apart from the accessory) is not an infringing copy.
(2) Despite section 147, the copyright in the material is not infringed by the importation of the article.
(3) Despite section 148, the copyright in the material is not infringed by any commercial dealing in, or distribution of, the imported article.
(4) To avoid doubt, nothing in this section affects the operation of this Act in relation to an authorial work, a published edition, a sound recording or a film that is embodied in the imported article.
(5) In this section, “accessory”, in relation to an article—
- (a) means one or more of the following:
- (i) a label affixed to, or displayed on, the article;
- (ii) the article’s packaging or container;
- (iii) a label affixed to, or displayed on, the article’s packaging or container;
- (iv) a leaflet, pamphlet, certificate, warranty, brochure, written instruction or other information incidental to the article and provided with the article on its sale;
