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Original text
(Status on 7 February 2014)
The countries of the Union,
Also motivated by the desire to protect in such an effective and uniform manner the rights of authors in their literary and artistic works,
Recognizing the importance of the work of the Review Conference held in Stockholm in 1967,
Resolved to revise the Act 2 Adopted by the Stockholm Conference, while leaving the art without change. 1 to 20 and 22 to 26 of this Act.
Accordingly, the undersigned Plenipotentiaries, upon presentation of their full powers, recognized in good and due form, have agreed as follows:
The countries to which this Convention applies constitute a Union for the protection of the rights of authors in their literary and artistic works.
(1) The terms "literary and artistic works" include all productions of the literary, scientific and artistic domain, whatever the mode or form of expression, such as books, pamphlets and other writings; conferences, Speeches, sermons and other works of the same nature; dramatic or dramaticopic works; choreographic works and pantomimes; musical compositions with or without words; cinematographic works, to which are Assimilated works expressed by a process analogous to cinematography; Works of drawing, painting, architecture, sculpture, engraving, lithography; photographic works, to which works expressed by a process analogous to photography are assimilated; works of applied art; Illustrations, maps, plans, sketches and plastic books relating to geography, topography, architecture or science.
(2) However, it is reserved for the laws of the countries of the Union to prescribe that literary and artistic works, or one or more categories of them, are not protected until they have been fixed on a medium Equipment.
(3) Protected as original works, without prejudice to the rights of the author of the original work, translations, adaptations, musical arrangements and other alterations of a literary or artistic work.
(4) It is reserved for the laws of the countries of the Union to determine the protection to be accorded to the official texts of a legislative, administrative or judicial nature, as well as to the official translations of those texts.
(5) Collections of literary or artistic works such as encyclopaedias and anthologies which, by the choice or arrangement of the materials, constitute intellectual creations shall be protected as such, without prejudice to the rights of authors On each of the works that form part of these collections.
(6) The above works shall enjoy protection in all countries of the Union. Such protection shall be exercised for the benefit of the author and his successors in title.
(7) It is reserved for the laws of the countries of the Union to regulate the scope of the laws concerning works of applied art and industrial designs, as well as the conditions for the protection of such works, designs and designs, In accordance with the provisions of s. 7.4) of this Convention. For works protected only as designs in the country of origin, it may be claimed in another country of the Union only the special protection granted in that country to the designs; however, if such protection Special is not granted in this country, these works will be protected as artistic works.
(8) The protection of this Convention shall not apply to news of the day or to a variety of facts which have the character of mere press information.
(1) It is reserved for the laws of the countries of the Union to exclude in whole or in part from the protection provided for in the preceding article the political speeches and speeches given in the judicial proceedings.
(2) It shall also be reserved for the laws of the countries of the Union to rule on the conditions under which conferences, speeches and other works of the same nature, made in public, may be reproduced by the press, Broadcast, transmitted by wire to the public and subject to public communications under s. 11 Bis (1) of this Convention, where such use is justified by the purpose of information to be attained.
(3) However, the author shall enjoy the exclusive right of collation of his works referred to in the preceding paragraphs.
(1) The following are protected under this Convention:
(2) Authors who are not nationals of one of the countries of the Union but who have their habitual residence in one of them shall, for the purposes of this Convention, be assimilated to the authors of that country.
(3) "Published works" shall mean the works published with the consent of the authors, whatever the method of manufacture of the copies, provided that the making available of the copies has been such that it satisfies the requirements Reasonable audience, given the nature of the work. Do not constitute a publication of the representation of a dramatic, dramatico-musical or cinematographic work, the performance of a musical work, the public recitation of a literary work, the transmission or broadcasting of works Literary or artistic, the exhibition of a work of art and the construction of a work of architecture.
(4) A work which has appeared in two or more countries within thirty days of its first publication shall be deemed to be published simultaneously in several countries.
The following shall be protected under this Convention, even if the conditions laid down in Art. 3 are not fulfilled,
(1) Authors shall enjoy, in respect of works for which they are protected under this Convention, in the countries of the Union other than the country of origin of the work, the rights which the respective laws currently grant or Shall thereafter grant to nationals, as well as rights specially granted by this Convention.
(2) The enjoyment and exercise of such rights shall not be subject to any formality; this enjoyment and exercise shall be independent of the existence of protection in the country of origin of the work. Subsequently, apart from the provisions of this Convention, the scope of protection and the means of redress afforded to the author in order to safeguard his rights shall be governed exclusively by the legislation of the country where the protection is Claimed.
(3) Protection in the country of origin shall be governed by national law. However, where the author does not appear in the country of origin of the work for which he is protected by this Convention, he shall have the same rights in that country as the national authors.
(4) Is considered to be country of origin:
(1) Where a country outside the Union does not sufficiently protect the works of authors who are nationals of one of the countries of the Union, the latter country may restrict the protection of works of which the authors are at the time of the First publication of these works, nationals of the other country and not their habitual residence in one of the countries of the Union. If the country of the first publication makes use of this option, the other countries of the Union shall not be obliged to grant such works subject to special treatment a broader protection than that accorded to them in the country of the first publication. First publication.
(2) No restriction, established under the preceding paragraph, shall prejudice the rights that an author shall have acquired in a work published in a country of the Union prior to the execution of that restriction.
(3) Countries of the Union which, under this Article, shall restrict the protection of the rights of authors, shall notify the Director General of the World Intellectual Property Organization (hereinafter referred to as "the Director General") by a In writing, where the countries vis-à-vis whom protection is restricted will be indicated, together with the restrictions to which the rights of authors who are nationals of those countries are subject. The Director-General shall immediately communicate the fact to all the countries of the Union.
(1) Irrespective of the economic rights of the author, and even after the assignment of such rights, the author shall retain the right to claim authorship of the work and to object to any distortion, mutilation or other modification of that work or Any other interference with the same work, prejudicial to his honour or reputation.
(2) The rights granted to the author under para. (1) above shall be, after his death, held at least until the expiry of the economic rights and exercised by the persons or institutions to which the national law of the country in which the protection is claimed gives quality. However, countries whose legislation, in force at the time of ratification of this Act or of accession to this Act, does not contain provisions ensuring the protection after the death of the author of all the rights recognized under para. 1) above have the right to provide that some of these rights are not maintained after the death of the author.
(3) The means of redress for safeguarding the rights recognized in this Article shall be governed by the laws of the country where protection is claimed.
(1) The term of protection granted by this Convention shall include the life of the author and fifty years after his death.
(2) However, for cinematographic works, the countries of the Union shall have the right to provide that the term of protection shall expire 50 years after the work has been made available to the public with the consent of the author, or if not Of such an event within fifty years from the completion of such a work, the term of protection shall expire 50 years after that achievement.
(3) For anonymous or pseudonymous works, the term of protection granted by this Convention shall expire 50 years after the work has been lawfully made available to the public. However, when the pseudonym adopted by the author leaves no doubt as to his identity, the term of protection is that provided for in para. 1). If the author of an anonymous or pseudonymous work reveals his identity during the period mentioned above, the applicable period of protection shall be that provided for in para. 1). The countries of the Union are not obliged to protect anonymous or pseudonymous works for which there is every reason to assume that their author has been dead for fifty years.
(4) It is reserved for the laws of the countries of the Union to regulate the duration of the protection of photographic works and works of applied art protected as artistic works; however, this period may not be Less than a period of twenty-five years from the completion of such a work.
(5) The period of protection after the death of the author and the time limits laid down in paras. (2), (3) and (4) above shall begin to run from the death or event referred to in those paragraphs, but the duration of those periods shall be calculated only from the first of January of the year following the death or the said event.
(6) The countries of the Union shall have the right to grant a term of protection in excess of those provided for in the preceding paragraphs.
(7) Countries of the Union bound by the Rome Act 1 Of this Convention and which grant, in their national legislation in force at the time of signature of this Act, periods less than those provided for in the preceding paragraphs shall have the right to maintain them by acceding to this Act Or by ratifying it.
(8) In all cases, the term shall be governed by the law of the country in which protection is claimed; however, unless the law of the latter country decides otherwise, it shall not exceed the duration fixed in the country of origin of the work.
The provisions of the preceding Article shall also apply where the copyright belongs in common to the employees of a work, provided that the time periods following the death of the author are calculated from the death of the last Surviving collaborators.
Authors of literary and artistic works protected by this Convention shall enjoy, for the duration of their rights in the original work, the exclusive right to make or authorize the translation of their works.
(1) Authors of literary and artistic works protected by this Convention shall enjoy the exclusive right of authorizing the reproduction of such works in any manner and in any form.
(2) The laws of the countries of the Union shall be reserved for the laws of the countries of the Union to permit the reproduction of such works in certain special cases, provided that such reproduction does not affect the normal exploitation of the work or cause injury Unjustified to the legitimate interests of the author.
(3) Any sound or visual recording shall be considered to be a reproduction within the meaning of this Convention.
(1) Quotations drawn from a work, which have already been lawfully made available to the public, shall be lawful, provided that they conform to the good uses and to the extent justified by the aim to be achieved, including quotations from newspaper articles and Periodicals in the form of press reviews.
(2) The effect of the laws of the countries of the Union and of the special arrangements existing or to be concluded between them, as regards the ability to lawfully use, to the extent justified by the objective to be attained, literary works As an illustration of the teaching by means of publications, broadcasts or sound or visual recordings, provided that such use is in accordance with good practice.
(3) The quotations and uses referred to in the preceding paragraphs shall refer to the source and the name of the author, if that name appears in the source.
(1) It is reserved for the laws of the countries of the Union to permit the reproduction by the press, or the broadcasting or transmission by wire to the public, of articles of current economic, political or religious discussion published in Newspapers or periodicals, or broadcast works having the same character, in cases where the reproduction, broadcasting or such transmission is not expressly reserved. However, the source must always be clearly indicated; the sanction of this obligation is determined by the legislation of the country in which protection is sought.
(2) It is also reserved for the laws of the countries of the Union to regulate the conditions under which, on the occasion of reports of current events by means of photography or cinematography, or by means of broadcasting or Of transmission by wire to the public, literary or artistic works seen or heard in the course of the event may, to the extent justified by the purpose of information to be attained, be reproduced and made available to the public.
(1) Authors of dramatic, dramatico-musical and musical works shall enjoy the exclusive right of authorizing:
(2) The same rights shall be granted to authors of dramatic or dramatico-musical works for the duration of their rights in the original work, in respect of the translation of their works.
(1) Authors of literary and artistic works shall enjoy the exclusive right of authorizing:
(2) It is for the laws of the countries of the Union to regulate the conditions for the exercise of the rights referred to in para. 1) above, but these conditions will have only a strictly limited effect on the country that would have established them. They shall not in any way affect the moral rights of the author or the right of the author to obtain a fair remuneration fixed, in the absence of an amicable agreement, by the competent authority.
(3) Unless otherwise agreed, an authorization granted in accordance with para. (1) of this Article does not imply the authorization to register, by means of instruments for the fixation of sounds or images, the work broadcast. However, it is reserved for the laws of the countries of the Union the regime of ephemeral recordings made by a broadcasting organization by its own means and for its broadcasts. Such legislation may permit the retention of such recordings in official archives because of their exceptional nature of documentation.
(1) Authors of literary works shall enjoy the exclusive right of authorizing:
(2) The same rights shall be granted to authors of literary works for the duration of their rights in the original work, in respect of the translation of their works.
Authors of literary or artistic works shall enjoy the exclusive right of authorizing adaptations, arrangements and other alterations to their works.
(1) Each country of the Union may, as far as it is concerned, establish reservations and conditions relating to the exclusive right of the author of a musical work and the author of the words, whose recording with the musical work has already been authorized by that person Last, to authorize the sound recording of the said musical work, with, where appropriate, the words; but all reservations and conditions of that nature will have only a strictly limited effect to the country which would have established them and will not be able to Infringement of the right of the author to obtain equitable remuneration Set, in the absence of an amicable agreement, by the competent authority.
(2) Recordings of musical works which have been made in a country of the Union in accordance with Art. 13.3) of the Conventions signed in Rome on 2 June 1928 1 And Brussels on 26 June 1948 2 May, in that country, be reproduced without the consent of the author of the musical work until the expiration of a period of two years from the date on which that country becomes bound by this Act.
(3) Records made under paras. 1) and 2) of this article and imported, without the authorization of the interested parties, in a country where they are not lawful, may be seized.
(1) Authors of literary or artistic works shall have the exclusive right to authorize:
(2) Adaptation in any other artistic form to cinematographic works derived from literary or artistic works shall remain subject, without prejudice to the authorization of the authors, to the authorization of the authors of the original works.
(3) The provisions of Art. 13.1) shall not apply.
(1) Without prejudice to the rights of the author of any work which may have been adapted or reproduced, the cinematographic work shall be protected as an original work. The owner of the copyright in the cinematographic work shall enjoy the same rights as the author of an original work, including the rights referred to in the foregoing Article.
(3) Unless the national law decides otherwise, the provisions of para. (2) (b) above shall not apply to the authors of the scenarios, dialogues and musical works created for the performance of the cinematographic work or to the principal director of the cinematographic work. However, the countries of the Union whose legislation does not contain provisions for the application of para. (2) (b) the said director shall notify the Director General by means of a written declaration which shall be communicated immediately by the Director General to all other countries of the Union.
(1) In the case of original works of art and the original manuscripts of writers and composers, the author-or, after his death, the persons or institutions to whom the national legislation gives quality-enjoys an inalienable right to Be interested in the sales transactions the work of which is the subject after the first assignment by the author.
(2) The protection provided for in the foregoing paragraph shall be payable in each country of the Union only if the national legislation of the author admits such protection and insofar as it permits the legislation of the country where such protection is claimed.
(3) The terms and rates of collection shall be determined by each national law.
(1) In order for the authors of literary and artistic works protected by this Convention to be, in the absence of evidence to the contrary, considered to be such and entitled accordingly before the courts of the countries of the Union to prosecute Counterfactors, it is sufficient that the name be indicated on the work in the usual manner. This paragraph shall apply, even if that name is a pseudonym, since the pseudonym adopted by the author leaves no doubt as to his identity.
(2) The person shall be presumed to be the producer of the cinematographic work, unless there is evidence to the contrary, the natural or legal person whose name is indicated on the work in the usual manner.
(3) For anonymous works and pseudonymous works other than those referred to in para. 1) above, the publisher whose name is indicated on the work is, without further evidence, deemed to represent the author; in that capacity, he is entitled to safeguard and assert the rights of the author. The provision of this paragraph shall cease to be applicable in respect of the author, revealing his identity and justification of his quality.
(1) Any infringing work may be seized in the countries of the Union where the original work is entitled to legal protection.
(2) The provisions of the preceding paragraph shall also apply to reproductions originating in a country where the work is not protected or has ceased to be protected.
(3) Seizure shall take place in accordance with the laws of each country.
The provisions of this Convention shall not prejudice, in any way, the right of the Government of each of the countries of the Union to permit, monitor or prohibit by law or police measures Movement, representation, exhibition of any work or production in respect of which the competent authority would have to exercise that right.
(1) This Convention shall apply to all works which, at the time of its entry into force, have not yet fallen into the public domain of their country of origin by the expiry of the term of protection.
(2) However, if a work, by the expiry of the term of protection previously recognized, has fallen into the public domain of the country where the production is claimed, that work shall not be protected again.
(3) The application of this principle shall take place in accordance with the provisions contained in the existing special conventions or to be concluded between countries of the Union. In the absence of such stipulations, the respective countries shall, as far as they are concerned, settle the terms and conditions relating to that application.
(4) The preceding provisions shall also apply in the case of new accessions to the Union and in the case where protection is extended by application of Art. 7 or by abandonment of reserves.
The provisions of this Convention shall not prevent the application of broader provisions which would be enacted by the legislation of a country of the Union.
The Governments of the countries of the Union reserve the right to make special arrangements among themselves, as such arrangements confer on the authors more extensive rights than those granted by the Convention, or that they would contain Other provisions not contrary to this Convention. The provisions of the existing arrangements which meet the above conditions shall remain applicable.
(1) Specific provisions concerning developing countries are included in the Annex.
(2) Subject to the provisions of Art. 28 (b), the Annex forms an integral part of this Act.
(5) The Assembly shall adopt its rules of procedure.
(1) The Assembly shall have an Executive Committee.
(3) The number of member countries of the Executive Committee shall correspond to one quarter of the number of member countries of the Assembly. In calculating the seats to be filled, the remainder after division by four shall not be taken into account.
(4) In electing the members of the Executive Committee, the Assembly shall take into account equitable geographical distribution and the need for countries party to the Special Agreements that could be established in relation to the Union Among the countries constituting the Executive Committee.
(9) Countries of the Union which are not members of the Executive Committee shall be admitted to its meetings as observers.
(10) The Executive Committee shall adopt its rules of procedure.
(2) The International Bureau shall assemble and publish information concerning the protection of copyright. Each country of the Union shall, as soon as possible, communicate to the International Bureau the text of any new law as well as any official texts concerning the protection of copyright.
(3) The International Bureau shall publish a monthly periodical.
(4) The International Bureau shall provide information on matters relating to the protection of copyright to any country of the Union, on its request.
(5) The International Bureau shall conduct studies and provide services to facilitate the protection of copyright.
(6) The Director General and any staff member designated by him shall participate, without the right to vote, in all meetings of the Assembly, the Executive Committee and any other committee of experts of the Working Group. The Director General or a staff member designated by him shall be ex officio secretary of those bodies.
(8) The International Bureau shall carry out any other tasks assigned to it.
(2) The budget of the Union shall be adopted taking into account the requirements of coordination with the budgets of the other Unions administered by the Organization.
(3) The Union budget shall be financed by the following resources:
Class I |
25 |
|
Class II |
20 |
|
Class III |
15 |
|
Class IV |
10 |
|
Class V |
5 |
|
Class VI |
3 |
|
Class VII |
1 |
(5) The amount of fees and charges due for services rendered by the International Bureau under the Union shall be fixed by the Director General, who shall report it to the Assembly and the Executive Committee.
(8) Account verification shall be carried out, in accordance with the arrangements laid down in the Financial Regulation, by one or more countries of the Union or by external auditors, who shall, with their consent, be appointed by the Assembly.
1) Proposals to amend s. 22, 23, 24, 25 and this Article may be presented by any country member of the Assembly, by the Executive Committee or by the Director General. These proposals shall be communicated by the Assembly to the Member States of the Assembly at least six months before being submitted to the Assembly for consideration.
(2) Any amendment to the articles referred to in para. 1) is adopted by the Assembly. Adoption shall require three-fourths of the votes cast; however, any change in s. 22 and this paragraph shall require four-fifths of the votes cast.
(3) Any amendment to the articles referred to in para. (1) shall enter into force one month after the receipt by the Director General of written notifications of acceptance, effected in accordance with their respective constitutional requirements, of the three-fourths of the countries which were members of The Assembly at the time when the amendment was adopted. Any amendment of the said Articles thus accepted shall bind all the countries which are members of the Assembly at the time when the amendment enters into force or become members at a later date; however, any amendment that increases the Financial obligations of the countries of the Union shall bind only those of them who have notified their acceptance of the amendment.
(1) This Convention shall be subject to revision with a view to introducing improvements in the field of the Union's system.
(2) To this end, conferences shall be held successively in one of the countries of the Union between the delegates of the said countries.
(3) Subject to the provisions of Art. 26 applicable to the amendment of s. 22 to 26, any revision of this Act, including the Annex, shall require the unanimity of the votes cast.
(3) In respect of any country of the Union which ratifies or accedes to this Act with or without a declaration under para. 1) (b), s. 22 to 38 shall enter into force three months after the date on which the Director General has notified the deposit of the instrument of ratification or accession, unless a later date has been indicated in the deposited instrument. In the latter case, s. 22 to 38 shall enter into force in respect of that country on the date thus indicated.
(1) Any country outside the Union may accede to this Act and, as such, become party to this Convention and member of the Union. Instruments of accession shall be deposited with the Director General.
Ratification of this Act or accession to this Act by any country not bound by s. 22 to 38 of the Stockholm Act of this Convention shall be valid for the sole purpose of applying s. 14.2) of the Convention Establishing the Organization 1 , ratification of the Stockholm Act or accession to that Act with the limitation provided for in Art. 28.1 (b) (i) of the said Act.
(1) Subject to the exceptions permitted by para. 2) of this Article, by Art. 28.1) (b), by s. 33.2), as well as by the Annex, the ratification or accession shall entail full accession to all clauses and admissions to all the benefits stipulated in this Convention.
1 [RO 10 202, 16 586; 11 879 893]
(1) Any country may declare in its instrument of ratification or accession, or may inform the Director General by written notification at any time thereafter, that this Convention is applicable to all or part of the territories, designated in The declaration or notification, for which it is responsible for external relations.
(2) Any country which has made such a declaration or made such a notification may, at any time, notify the Director General that this Convention shall cease to be applicable to all or part of those territories.
(4) This Article shall not be construed as implying the recognition or tacit acceptance by any of the countries of the Union of the fact of any territory to which this Convention is made applicable by another Country of the Union pursuant to a declaration made pursuant to para. 1).
(1) This Act shall replace in relations between the countries of the Union, and to the extent that it applies, the Berne Convention of 9 September 1886 1 And subsequent Reconsideration Acts 2 . The Acts previously in force shall retain their application in their entirety or to the extent that this Act does not replace them by virtue of the preceding sentence, in relations with the countries of the Union which would not ratify the present Act or would not accede to it.
(2) Countries outside the Union which become party to this Act shall apply it, subject to the provisions of para. (3) in respect of any country of the Union which is not bound by that Act or which, although bound by it, has made the declaration provided for in Art. 28.1b). The said countries admit that the country of the Union considered, in its relations with them:
(3) Any country which has invoked the benefit of any of the faculties provided for in the Annex may apply the provisions of the Annex relating to the faculties of which it has relied on the benefit in its relations with any other country of the Union which Not bound by this Act, provided that the latter country has accepted the application of those provisions.
(1) Any dispute between two or more countries of the Union concerning the interpretation or application of this Convention, which shall not be settled by negotiation, may be brought by any of the countries in question before the Court International Court of Justice by way of a request in accordance with the Statute of the Court, unless the countries in question agree to another method of settlement. The International Bureau will be informed by the requesting country of the dispute submitted to the Court, it will inform the other countries of the Union.
(2) Any country may, at the time when it signs this Act or deposits its instrument of ratification or accession, declare that it does not consider itself bound by the provisions of para. 1). As regards any dispute between such a country and any other country of the Union, the provisions of para. 1) are not applicable.
(3) Any country that has made a declaration in accordance with the provisions of para. (2) may, at any time, withdraw it by amendment addressed to the Director General.
(1) Subject to s. 29 Bis , no country can join after the entry into force of s. 1 to 21 and the Annex, to earlier Acts of this Convention or to ratify them.
(2) After the entry into force of s. 1 to 21 and the Appendix, no country can make a declaration under s. 5 of the Protocol on Developing Countries annexed to the Stockholm Act.
(1) This Convention shall remain in force without limitation.
(2) Any country may denounce this Act by notification addressed to the Director General. Such denunciation shall also denounce all previous Acts and shall have effect only in respect of the country which has done so, the Convention remaining in force and enforceable against the other countries of the Union.
(3) Denunciation shall take effect one year after the day on which the Director General has received the notification.
(4) The right of denunciation provided for in this Article shall not be exercised by any country before the expiration of five years from the date on which it became a member of the Union.
(1) Any country party to this Convention undertakes to adopt, in accordance with its Constitution, the measures necessary to ensure the implementation of this Convention.
(2) It is understood that, at the time when a country becomes bound by this Convention, it shall be able, in accordance with its domestic law, to give effect to the provisions of this Convention.
(2) This Act shall remain open for signature until January 31, 1972. Until that date, the copy referred to in para. 1) (a) shall be deposited with the Government of the French Republic.
(3) The Director General shall transmit two certified copies of the signed text of this Act to the Governments of all countries of the Union and, upon request, to the Government of any other country.
(4) The Director General shall register this Act with the Secretariat of the United Nations.
(5) The Director General shall notify the Governments of all countries of the Union of the signatures, deposits of instruments of ratification or accession and declarations included in those instruments or made pursuant to Art. 28.1c), 30.2 (a) and (b) and (33.2), the entry into force of all provisions of this Act, notifications of denunciation and notifications made pursuant to Art. 30.2) (c), 31.1) and (2), 33.3) and 38.1), as well as the notifications in the Annex.
(1) Countries of the Union that have not ratified or acceded to this Act that are not bound by s. 22 to 26 of the Stockholm Act may, until April 26, 1975, exercise, if they so desire, the rights provided for by the said Articles as if they were bound by them. Any country wishing to exercise such rights shall, for that purpose, file with the Director General a written notification that takes effect on the date of its receipt. Such countries shall be deemed to be members of the Assembly until that date.
(2) As long as all the countries of the Union have not become members of the Organization, the International Bureau of the Organization shall also act as the Bureau of the Union, and the Director General as the Director of that Bureau.
(3) Where all the countries of the Union have become members of the Organization, the rights, obligations and property of the Office of the Union shall be vested in the International Bureau of the Organization.
(1) Any country concerned, in accordance with the established practice of the General Assembly of the United Nations, as a developing country, which ratifies this Act, of which this Annex forms an integral part, or who accedes to it and which, having regard to Its economic situation and its social or cultural needs, does not consider itself in an immediate position to take the provisions necessary to ensure the protection of all rights as provided for in this Act, may, by notification Deposited with the Director General, at the time of deposit of its instrument of ratification or accession, or, Subject to s. V. 1c), at any later date, declare that it will invoke the benefit of the faculty provided for in s. II or the one provided for in Art. III or both of these faculties. It may, instead of relying on the benefit of the faculty provided for in s. II, make a declaration in accordance with s. V. 1a).
(3) Any country of the Union which has ceased to be regarded as a developing country as referred to in para. 1) is no longer entitled to renew its declaration as provided for in para. 2) and, whether or not he formally withdraws his or her statement, that country will lose the possibility of invoking the benefit of the faculties referred to in para. 1), either at the end of the current ten-year period, or three years after it has ceased to be regarded as a developing country, whichever expires later.
(4) Where the declaration made under para. 1) or para. (2) cease to be valid in stock of copies produced under the empire of a licence granted under the provisions of this Annex, such copies may continue to be put into circulation until their exhaustion.
(5) Any country which is bound by the provisions of this Act and which has filed a declaration or a notification in accordance with Art. 31.1) concerning the application of the said Act to a particular territory whose situation may be regarded as analogous to that of the countries referred to in para. 1) may, in respect of that territory, make the declaration referred to in para. 1) and the notification of renewal referred to in para. 2). As long as this declaration or such notification is valid, the provisions of this Annex shall apply to the territory in respect of which it was made.
(1) Any country which has declared that it will invoke the benefit of the faculty provided for in this Article shall be entitled, in the case of works published in printed form or in any other similar form of reproduction, to substitute the right Exclusive of translation provided for in Art. 8 a system of non-exclusive and non-transferable licences granted by the competent authority under the following conditions and in accordance with Art. IV.
(5) Any license referred to in this Article shall be granted only for academic, academic or research use.
(6) If the translation of a work is published by the owner of the right of translation or with his authorization at a price comparable to that which is in use in the country in question for similar works, any license granted under this Article shall end if that translation is in the same language and its contents essentially the same as that of the translation published under the license. The release of all copies already produced before the expiry of the licence may continue until they are exhausted.
(7) For works which consist mainly of illustrations, a license to make and publish a translation of the text and to reproduce and publish the illustrations may be granted only if the conditions of Art. III are also completed.
(8) No license shall be granted under this Article when the author has withdrawn from circulation all copies of his work.
(1) Any country which has declared that it will invoke the benefit of the faculty provided for in this Article shall be entitled to substitute the exclusive right of reproduction provided for in Art. 9 a system of non-exclusive and non-transferable licences granted by the competent authority under the following conditions and in accordance with Art. IV.
(5) A license to reproduce and publish a translation of a work shall not be granted under this Article in the following cases:
(6) If copies of an edition of a work are put for sale in the country referred to in para. 1) to meet the needs, either of the general public or of the academic and academic teaching, by the owner of the right of reproduction or with his authorization, at a price comparable to that which is in use in that country for works , any license granted under this Article shall terminate if that edition is in the same language and its contents essentially the same as that of the edition published under the license. The release of all copies already produced before the expiry of the licence may continue until they are exhausted.
(1) Any licence referred to in s. II or to art. III may be granted only if the applicant, in accordance with the provisions in force in the country in question, justifies having requested the right holder to make a translation and to publish or reproduce and publish the edition, As the case may be, and has not been able to obtain its authorisation, or, after due diligence on its part, has not been able to achieve it. At the same time as it makes this request to the holder of the right, the applicant must inform any national or international centre of information referred to in para. 2).
(2) If the holder of the right has not been able to be reached by the applicant, the applicant shall send, by mail, under registered mail, copies of the request submitted by him to the authority competent to grant the licence, to the publisher whose name Figure on the work and any national or international information centre which may have been designated, in a notification deposited with the Director General, by the Government of the country where the publisher is presumed to have the principal place of business Of its operations.
(3) The name of the author shall be indicated on all copies of the translation or reproduction published under a license granted under Art. II or art. III. The title of the work must be on all copies. In the case of a translation, the original title of the work must, in any case, appear on all of them.
(5) Any copy published under the authority of a license granted under Art. II or art. III shall contain a statement in the appropriate language specifying that the copy shall be put into circulation only in the country or territory to which the said licence applies.
(2) Subject to para. 3), any country which has relied on the benefit of the faculty provided for in Art. A declaration may not be made in accordance with para. 1).
(3) Any country which has ceased to be regarded as a developing country as referred to in Art. I. 1) may, two years later, before the expiration of the applicable time limit in accordance with Art. I. 3), make a declaration within the meaning of s. 30.2) (b), first sentence, notwithstanding the fact that it is not a foreign country to the Union. This declaration shall take effect on the date on which the applicable time limit expires in accordance with Art. I. 3).
(1) Any country of the Union may declare, from the date of this Act and at any time before becoming bound by s. 1 to 21 and this Annex:
(2) Any declaration under para. (1) shall be in writing and shall be deposited with the Director General. It shall take effect on the date of its filing.
In witness whereof, The undersigned, duly authorized to that effect, have signed this Act.
Done at Paris, 24 July 1971.
(Suivent signatures)
States Parties |
Ratification Accession (A) Declaration of succession (S) |
Entry into force |
||
South Africa * |
December 23 |
1974 |
24 March |
1975 A |
Albania |
2 December |
1993 A |
6 March |
1994 |
Algeria * |
19 January |
1998 A |
19 April |
1998 |
Germany * * |
18 October |
1973 |
22 January |
1974 A |
10 October |
1974 B |
|||
Andorra |
2 March |
2004 A |
2 June |
2004 |
Antigua and Barbuda |
17 December |
1999 A |
March 17 |
2000 |
Saudi Arabia |
11 December |
2003 A |
March 11 |
2004 |
Argentina |
July 8 |
1980 A |
8 October |
1980 A |
19 February |
2000 B |
|||
Armenia |
19 July |
2000 A |
19 October |
2000 |
Australia |
28 November |
1977 A |
1 Er March |
1978 |
Austria |
19 May |
1982 |
August 21 |
1982 |
Azerbaijan |
March 4 |
1999 A |
4 June |
1999 |
Bahamas * |
4 October |
1976 A |
8 January |
1977 A |
Bahrain * |
29 November |
1996 A |
2 March |
1997 |
Bangladesh * |
4 February |
1999 A |
4 May |
1999 |
Barbados |
March 16 |
1983 A |
July 30 |
1983 |
Belarus |
12 September |
1997 A |
12 December |
1997 |
Belgium |
29 June |
1999 |
29 September |
1999 |
Belize |
March 17 |
2000 A |
17 June |
2000 |
Benin |
9 December |
1974 A |
12 March |
1975 |
Bhutan |
August 25 |
2004 A |
25 November |
2004 |
Bolivia |
August 4 |
1993 A |
4 November |
1993 |
Bosnia and Herzegovina * |
2 June |
1993 S |
1 Er March |
1992 |
Botswana |
15 January |
1998 A |
15 April |
1998 |
Brazil |
14 January |
1975 |
20 April |
1975 |
Brunei |
30 May |
2006 A |
August 30 |
2006 |
Bulgaria |
August 30 |
1974 |
4 December |
1974 |
Burkina Faso |
20 October |
1975 A |
24 January |
1976 |
Cameroon |
August 3 |
1973 |
10 November |
1973 A |
10 October |
1974 B |
|||
Canada |
26 March |
1998 A |
26 June |
1998 |
Cape Verde |
7 April |
1997 A |
7 July |
1997 |
Chile |
25 March |
1975 A |
10 July |
1975 |
China * |
10 July |
1992 A |
15 October |
1992 |
Hong Kong |
7 July |
1997 |
1 Er July |
1997 |
Macao |
1 Er November |
1999 |
20 December |
1999 |
Cyprus * |
22 April |
1983 |
27 July |
1983 |
Colombia |
4 December |
1987 A |
7 March |
1988 |
Comoros |
17 January |
2005 A |
April 17 |
2005 |
Congo (Brazzaville) |
2 September |
1975 |
5 December |
1975 |
Congo, Kinshasa |
28 October |
1974 A |
31 January |
1975 |
Korea (North) * |
28 January |
2003 A |
28 April |
2003 |
Korea (South) |
21 May |
1996 A |
August 21 |
1996 |
Costa Rica |
3 March |
1978 A |
10 June |
1978 |
Côte d' Ivoire |
1 Er February |
1974 |
4 May |
1974 A |
10 October |
1974 B |
|||
Croatia |
28 July |
1992 S |
8 October |
1991 |
Cuba * |
20 November |
1996 A |
20 February |
1997 |
Denmark |
30 March |
1979 |
30 June |
1979 |
Djibouti |
13 February |
2002 A |
13 May |
2002 |
Dominica |
7 May |
1999 A |
7 August |
1999 |
Egypt * |
2 March |
1977 A |
7 June |
1977 |
El Salvador |
18 November |
1993 A |
19 February |
1994 |
United Arab Emirates * |
April 14 |
2004 A |
July 14 |
2004 |
Ecuador |
July 8 |
1991 A |
9 October |
1991 |
Spain |
14 November |
1973 |
19 February |
1974 A |
10 October |
1974 B |
|||
Estonia |
26 July |
1994 A |
26 October |
1994 |
United States |
16 November |
1988 A |
1 Er March |
1989 |
Finland |
July 25 |
1986 |
1 Er November |
1986 |
France |
11 September |
1972 |
15 December |
1972 A |
10 October |
1974 B |
|||
Gabon |
6 March |
1975 |
10 June |
1975 |
Gambia |
7 December |
1992 A |
7 March |
1993 |
Georgia |
February 16 |
1995 A |
May 16 |
1995 |
Ghana |
July 11 |
1991 A |
11 October |
1991 |
Greece |
4 December |
1975 |
8 March |
1976 |
Grenada |
22 June |
1998 A |
22 September |
1998 |
Guatemala * |
28 April |
1997 A |
28 July |
1997 |
Guinea |
13 August |
1980 A |
20 November |
1980 |
Equatorial Guinea |
26 March |
1997 A |
26 June |
1997 |
Guinea-Bissau |
18 April |
1991 A |
July 22 |
1991 |
Guyana |
July 25 |
1994 A |
25 October |
1994 |
Haiti |
11 October |
1995 A |
11 January |
1996 |
Honduras |
24 October |
1989 A |
25 January |
1990 |
Hungary |
11 September |
1972 |
15 December |
1972 A |
10 October |
1974 B |
|||
India * |
7 October |
1974 |
10 January |
1975 A |
6 May |
1984 B |
|||
Indonesia * |
5 June |
1997 A |
September 5 |
1997 |
Ireland |
2 December |
2004 A |
2 March |
2005 |
Iceland |
28 September |
1984 A |
28 December |
1984 A |
August 25 |
1999 B |
|||
Israel * |
24 September |
2003 |
1 Er January |
2004 |
Italy |
13 August |
1979 |
14 November |
1979 |
Jamaica |
28 September |
1993 A |
1 Er January |
1994 |
Japan |
20 January |
1975 |
24 April |
1975 |
Jordan * |
28 April |
1999 A |
28 July |
1999 |
Kazakhstan |
12 January |
1999 A |
12 April |
1999 |
Kenya |
March 11 |
1993 A |
11 June |
1993 |
Kyrgyzstan |
April 8 |
1999 A |
July 8 |
1999 |
Laos |
14 December |
2011 A |
March 14 |
2012 |
Lesotho * |
27 June |
1989 A |
28 September |
1989 |
Latvia |
11 May |
1995 A |
August 11 |
1995 |
Liberia * |
8 December |
1988 A |
8 March |
1989 |
Libya * |
28 June |
1976 A |
28 September |
1976 |
Liechtenstein |
23 June |
1999 |
23 September |
1999 |
Lithuania * |
September 14 |
1994 A |
14 December |
1994 |
Luxembourg |
15 January |
1975 |
20 April |
1975 |
Macedonia |
July 23 |
1993 S |
8 September |
1991 |
Malaysia |
28 June |
1990 A |
1 Er October |
1990 |
Malawi |
July 12 |
1991 A |
12 October |
1991 |
Mali |
22 August |
1977 A |
5 December |
1977 |
Malta * |
7 September |
1977 A |
12 December |
1977 A |
Morocco |
17 February |
1987 |
17 May |
1987 |
Mauritius * |
February 9 |
1989 A |
10 May |
1989 |
Mauritania |
17 June |
1976 A |
21 September |
1976 |
Mexico |
11 September |
1974 |
17 December |
1974 |
Micronesia |
7 July |
2003 A |
7 October |
2003 |
Moldova |
1 Er August |
1995 A |
2 November |
1995 |
Monaco |
August 5 |
1974 |
23 November |
1974 |
Mongolia * |
12 December |
1997 A |
12 March |
1998 |
Montenegro |
4 December |
2006 S |
3 June |
2006 |
Mozambique |
22 August |
2013 A |
22 November |
2013 |
Namibia |
21 September |
1993 A |
24 December |
1993 |
Nepal |
11 October |
2005 A |
11 January |
2006 |
Nicaragua |
23 May |
2000 A |
August 23 |
2000 |
Niger |
18 February |
1975 A |
21 May |
1975 |
Nigeria |
10 June |
1993 A |
September 14 |
1993 |
Norway * |
8 March |
1974 |
13 June |
1974 A |
11 October |
1995 B |
|||
Oman * |
April 14 |
1999 A |
July 14 |
1999 |
Uzbekistan * |
19 January |
2005 A |
19 April |
2005 |
Panama |
8 March |
1996 A |
8 June |
1996 |
Paraguay |
9 September |
1991 A |
2 January |
1992 |
Netherlands * |
9 October |
1974 |
10 January |
1975 A |
30 January |
1986 B |
|||
Aruba |
9 October |
1974 |
1 Er January |
1975 A |
Curaçao |
9 October |
1974 |
1 Er January |
1975 A |
Caribbean (Bonaire, Sint Eustatius and Saba) |
9 October |
1974 |
1 Er January |
1975 A |
Sint Maarten |
9 October |
1974 |
1 Er January |
1975 A |
Peru |
20 May |
1988 A |
August 20 |
1988 |
Philippines * |
April 14 |
1980 A |
July 16 |
1980 A |
18 June |
1997 B |
|||
Poland |
1 Er May |
1990 A |
August 4 |
1990 A |
22 October |
1994 B |
|||
Portugal * |
10 October |
1978 A |
12 January |
1979 |
Qatar |
5 April |
2000 A |
July 5 |
2000 |
Central African Republic |
May 31 |
1977 A |
3 September |
1977 |
Dominican Republic |
24 September |
1997 A |
24 December |
1997 |
Czech Republic |
18 December |
1992 S |
1 Er January |
1993 |
Romania |
9 June |
1998 |
9 September |
1998 |
United Kingdom * |
29 September |
1989 |
2 January |
1990 |
Isle of Man |
13 December |
1995 |
18 March |
1996 |
Russia |
9 December |
1994 A |
13 March |
1995 |
Rwanda |
3 November |
1983 A |
1 Er March |
1984 |
Saint Lucia * |
21 May |
1993 A |
August 24 |
1993 |
Saint Kitts and Nevis |
3 January |
1995 A |
April 9 |
1995 |
Holy See |
20 January |
1975 |
24 April |
1975 |
Saint Vincent and the Grenadines |
29 May |
1995 A |
29 August |
1995 |
Samoa * |
April 21 |
2006 A |
July 21 |
2006 |
Senegal |
2 May |
1975 |
August 12 |
1975 |
Serbia * |
14 June |
2001 S |
April 27 |
1992 |
Singapore * |
21 September |
1998 A |
21 December |
1998 |
Slovakia |
December 30 |
1992 S |
1 Er January |
1993 |
Slovenia * |
12 June |
1992 S |
25 June |
1991 |
Sudan * |
28 September |
2000 A |
28 December |
2000 |
Sri Lanka * |
20 June |
1978 A |
23 September |
1978 A |
27 December |
2005 B |
|||
Sweden |
14 June |
1973 |
September 20 |
1973 A |
10 October |
1974 B |
|||
Switzerland |
25 June |
1993 |
September 25 |
1993 |
Suriname |
16 November |
1976 A |
23 February |
1977 |
Swaziland |
September 14 |
1998 A |
14 December |
1998 |
Syria * |
March 11 |
2004 A |
11 June |
2004 |
Tajikistan |
9 December |
1999 A |
March 9 |
2000 |
Tanzania * |
April 25 |
1994 A |
July 25 |
1994 |
Thailand * |
29 September |
1980 A |
29 December |
1980 A |
2 September |
1995 B |
|||
Togo |
28 January |
1975 A |
April 30 |
1975 |
Tonga |
March 14 |
2001 A |
14 June |
2001 |
Trinidad and Tobago |
May 16 |
1988 A |
August 16 |
1988 |
Tunisia * |
14 May |
1975 |
August 16 |
1975 |
Turkey * |
1 Er October |
1995 A |
1 Er January |
1996 |
Ukraine |
July 25 |
1995 A |
25 October |
1995 |
Uruguay |
21 September |
1979 |
28 December |
1979 |
Vanuatu |
27 September |
2012 A |
27 December |
2012 |
Venezuela * |
September 20 |
1982 A |
December 30 |
1982 |
Vietnam * |
26 June |
2004 A |
26 October |
2004 |
Yemen * |
April 14 |
2008 A |
July 14 |
2008 |
Zambia |
13 September |
1991 A |
2 January |
1992 |
Zimbabwe |
29 September |
1981 A |
December 30 |
1981 A |
* |
Reservations and declarations. |
|||
** |
Objections. |
|||
Reservations, declarations and objections are not published in the RO. The texts in English and French can be found at the World Intellectual Property Organization's website: www.wipo.int/treaties/fr or obtained from the Directorate of Public International Law (DDIP), Section of the International treaties, 3003 Berne. |
||||
A |
Ratification or accession shall apply to art. 22 to 38. |
|||
B |
Ratification or accession shall apply to art. 1 to 21. |
|||
1 RO 2004 1291 , 2006 757, 2009 2497, 2014 483. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).