At present there are no exceptions or exemptions in place of the National Treatment and the Most Favored Nation Treatment under Fiji's Copyright and Neighbouring Right Law, although the power to do so is vested in the responsible Minister by way of regulations which he has not exercised as yet.
Performers' Rights (Part X)
Division 8 which governs the Extraterritorial Application of Part X of the Copyright Act 1999 (which deals with Performer's Rights), contains the relevant regulation making power.
"201-(1) The Minister may by regulations apply in relation to any country or place outside the Fiji Islands, any provision of this Part specified in the regulations.
(2) Regulations made under this section may -
(a) apply any provision of this Part subject to specified exceptions and modifications; and
(b) direct that any provision of this Part applies either generally or in relation to a specified class of performances
(3) The Minister must not make regulations under this section in relation to a country or place unless satisfied
(a) in the case of a country that it is a Convention country, or
(b) in either case - that reciprocal provision has been or will be made under the law of the country or place in respect of the class of performances to which the regulations relate."
Copyright (Part XIII - Division 3)
No exemptions or exceptions to the national treatment or most favoured nation treatment have been formulated as yet since the passage of the Copyright Act 1999, although the powers are vested on the Minister under it to do so by way of regulations, pursuant to section 227 (3) which stipulates:
"(3) Regulations made under this section may –
(a) apply any provision of this Act subject to specified exceptions and modifications; and
(b) direct that any provision of this Act applies either generally or in relation to a specified class of works, or other class of cases.
Section 227(4) of the Act stipulates:
(4) The Minister must not make any regulations under this section in relation to a country or place unless satisfied -
(a) in the case of a country that it is a Convention country; or
(b) in either case that provision has been or will be made under the law of the country or place, in respect of the class of works to which the regulation relates, giving adequate protection to copyright owners under this Act."
