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RS 0.231.15 Berne Convention for the Protection of Literary and Artistic Works, revised in Paris on July 24, 1971 (with Annex)

Original Language Title: RS 0.231.15 Convention de Berne pour la protection des oeuvres littéraires et artistiques, révisée à Paris le 24 juillet 1971 (avec annexe)

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0.231.15

Original text

Berne Convention for the Protection of Revised Literary and Artistic Works in Paris July 24, 1971

Conclue in Paris on 24 July 1971
Approved by the Federal Assembly on June 4, 1992 1
Instrument of ratification deposited by Switzerland on 25 June 1993
Entry into force for Switzerland on 25 September 1993

(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:

Art. 1

The countries to which this Convention applies constitute a Union for the protection of the rights of authors in their literary and artistic works.

Art. 2

(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.

Art. 2 Bis

(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.

Art. 3

(1) The following are protected under this Convention:

(a)
Authors who are nationals of one of the countries of the Union, for their works, published or not;
(b)
Authors who are not nationals of any of the countries of the Union, for the works which they publish for the first time in one of those countries or simultaneously in a country outside the Union and in a country of the Union.

(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.

Art. 4

The following shall be protected under this Convention, even if the conditions laid down in Art. 3 are not fulfilled,

(a)
The authors of cinematographic works whose producer has his or her registered office or habitual residence in one of the countries of the Union;
(b)
The authors of the works of architecture built in a country of the Union or of the works of graphic and plastic arts with a building located in a country of the Union.
Art. 5

(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:

(a)
For works published for the first time in one of the countries of the Union, the latter country; however, in the case of works published simultaneously in several countries of the Union admitting different durations of protection, the works of which The legislation provides for the longest term of protection,
(b)
For works published simultaneously in a country outside the Union and in a country of the Union, the latter country;
(c)
For works not published or for works published for the first time in a country outside the Union, without simultaneous publication in a country of the Union, the country of the Union of which the author is a national;
(i)
In the case of cinematographic works of which the producer has its registered office or habitual residence in a country of the Union, the country of origin shall be that country, and
(ii)
In the case of works of architecture built in a country of the Union or of works of graphic and plastic arts forming part of a building located in a country of the Union, the country of origin shall be the latter country.
Art. 6

(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.

Art. 6 Bis

(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.

Art. 7

(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.


Art. 7 Bis

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.

Art. 8

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.

Art.

(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.

Art. 10

(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.

Art. 10 Bis

(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.

Art. 11

(1) Authors of dramatic, dramatico-musical and musical works shall enjoy the exclusive right of authorizing:

1. The public representation and performance of their works, including public performance by all means or processes;
2. Public transmission by all means of the representation and execution of their works.

(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.

Art. 11 Bis

(1) Authors of literary and artistic works shall enjoy the exclusive right of authorizing:

1. The broadcasting of their works or the public communication of such works by any other means used to broadcast the signs, sounds or images without wire;
2. Any public communication, either by wire or wireless means, of the broadcast work, where such communication is made by a body other than that of origin;
3. Public communication, by loudspeaker or by any other similar device transmitter of signs, sounds or images, of the broadcast work.

(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.

Art. 11 Ter

(1) Authors of literary works shall enjoy the exclusive right of authorizing:

1. Public recitation of their works, including public recitation by any means or process;
2. Public transmission by any means of the recitation of their works.

(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.

Art. 12

Authors of literary or artistic works shall enjoy the exclusive right of authorizing adaptations, arrangements and other alterations to their works.

Art. 13

(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.


Art. 14

(1) Authors of literary or artistic works shall have the exclusive right to authorize:

1.
The cinematographic adaptation and reproduction of these works and the distribution of works thus adapted or reproduced;
2.
Public representation and execution and the transmission by wire to the public of works thus adapted or reproduced.

(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.

Art. 14 Bis

(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.

2)
(a) The determination of copyright owners in the cinematographic work shall be reserved for the legislation of the country where protection is claimed.
(b)
However, in the countries of the Union where the legislation recognizes the authors of the contributions made to the production of the cinematographic work, the authors of those contributions, if they have undertaken to make such contributions, shall not, Unless otherwise specified or otherwise expressly stated, oppose reproduction, release, public performance, transmission by wire to the public, broadcasting, communication to the public, subtitling and dubbing Of texts, of cinematographic work.
(c)
Whether the form of the undertaking referred to above must, for the purposes of subpara. (b) preceding, whether or not to be a written contract or an equivalent written act shall be governed by the laws of the country of the Union in which the producer of the cinematographic work has its registered office or habitual residence. However, it is reserved for the legislation of the country of the Union where protection is claimed the right to provide that such undertaking must be a written contract or an equivalent written act. Countries which make use of this option 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.
(d)
By "stipulation to the contrary or particular", it is necessary to hear any restrictive condition that may be attached to that undertaking.

(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.

Art. 14 Ter

(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.

Art. 15

(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.

4)
(a) For unpublished works whose identity is unknown, but for which it is reasonable to assume that the author is a national of a country of the Union, it is reserved for the legislation of that country the right to designate The competent authority representing the author and entitled to safeguard and enforce the rights of the author in the countries of the Union.
(b)
The countries of the Union which, under this provision, shall make such a designation shall notify the Director General by a written declaration in which all information relating to the authority so designated shall be indicated. The Director-General shall forthwith communicate this statement to all other countries of the Union.
Art. 16

(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.

Art. 17

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.

Art. 18

(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.

Art. 19

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.

Art.

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.

Art.

(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.

Art.
1)
(a) The Union shall have an Assembly consisting of the countries of the Union bound by s. 22 to 26.
(b)
The Government of each country is represented by one delegate, who may be assisted by alternate delegates, advisors and experts.
(c)
The expenses of each delegation shall be borne by the Government which has appointed it.
2)
(a) The Assembly:
(i)
Deals with all matters relating to the maintenance and development of the Union and the application of this Convention;
(ii)
Gives the International Bureau of Intellectual Property (hereinafter referred to as "The International Bureau") referred to in the Convention Establishing the World Intellectual Property Organization 1 (hereinafter referred to as "the Organization") Directives concerning the preparation of revision conferences, taking due account of the observations of the countries of the Union which are not bound by Art. 22 to 26;
(iii)
Review and approve the reports and activities of the Director-General of the Organization relating to the Union and give him all relevant directives concerning matters of the competence of the Union;
(iv)
Elects the members of the Executive Committee of the Assembly;
(v)
Reviews and approves the reports and activities of its Executive Committee and provides guidance;
(vi)
Adopts the programme, adopts the biennial budget of the Union and approves its closing accounts;
(vii)
Adopts the financial regulation of the Union;
(viii)
Establish the committees of experts and working groups that it considers relevant to the achievement of the objectives of the Union;
(ix)
Decide which countries are not members of the Union and which intergovernmental and international non-governmental organizations may be admitted to its meetings as observers;
X)
Adopts the amendments to s. 22 to 26;
(xi)
Undertake any other appropriate action to achieve the objectives of the Union;
(xii)
Carry out all other tasks involved in the present Convention;
(xiii)
Shall exercise, subject to its acceptance, the rights conferred upon it by the Convention establishing the Organization.
(b)
On matters which are also of interest to other Unions administered by the Organization, the Assembly shall decide on the opinion of the Coordination Committee of the Organization.
3)
(a) Each country member of the Assembly shall have one vote.
(b)
One half of the countries that are members of the Assembly shall constitute a quorum.
(c)
Notwithstanding the provisions of subpara. (b) if, at a session, the number of countries represented is less than half but equal to or more than one-third of the member countries of the Assembly, the Assembly may take decisions; however, the decisions of the Assembly, with the exception of those In respect of its procedure, shall become enforceable only when the conditions set out below are met. The International Bureau shall communicate the said decisions to the countries members of the Assembly which were not represented, by inviting them to express in writing, within three months from the date of the said communication, their vote or Abstention. If, at the end of that period, the number of countries that have thus expressed their vote or abstention is at least equal to the number of countries that were not present for the quorum to be attained at the session, such decisions shall become enforceable, Provided that, at the same time, the necessary majority remains.
(d)
Subject to the provisions of Art. 26.2), the decisions of the Assembly shall be taken by a two-thirds majority of the votes cast.
(e)
Abstentions shall not be considered as a vote.
(f)
A delegate may represent only one country and may vote only on behalf of that country.
(g)
The countries of the Union which are not members of the Assembly shall be admitted to its meetings as observers.
4)
(a) The Assembly shall meet once every two years in ordinary session upon convocation by the Director General and, in the absence of exceptional circumstances, during the same period and at the same place as the General Assembly of the Organization.
(b)
The Assembly shall meet in extraordinary session upon convocation by the Director General, at the request of the Executive Committee or at the request of a quarter of the member countries of the Assembly.

(5) The Assembly shall adopt its rules of procedure.


Art.

(1) The Assembly shall have an Executive Committee.

2)
(a) The Executive Committee shall be composed of the countries elected by the Assembly from among the member countries of the Assembly. In addition, the country in whose territory the Organization has its registered office is available, Ex officio, Of a seat on the Committee, subject to the provisions of Art. 25.7) (b).
(b)
The Government of each member country of the Executive Committee shall be represented by one delegate, who may be assisted by alternate delegates, advisors and experts.
(c)
The expenses of each delegation shall be borne by the Government which has appointed it.

(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.

5)
(a) The members of the Executive Committee shall remain in office from the close of the session of the Assembly in which they have been elected until the end of the next ordinary session of the Assembly.
(b)
The members of the Executive Committee shall be eligible for re-election to the maximum of two-thirds of them.
(c)
The Assembly regulates the modalities of the election and the possible re-election of the members of the Executive Committee.
6)
(a) The Executive Committee:
(i)
Preparing the draft agenda for the Assembly;
(ii)
Submits proposals to the Assembly for the proposed programme and biennial budget of the Union prepared by the Director General;
(iii)
Submits to the Assembly, with appropriate comments, the periodic reports of the Director-General and the annual reports on account verification;
(iv)
Shall take all necessary measures for the implementation of the Union's programme by the Director General, in accordance with the decisions of the Assembly and taking into account the circumstances arising between two ordinary sessions of the Assembly;
(v)
Perform all other tasks assigned to it in the context of this Convention.
(b)
On matters of interest to other Unions administered by the Organization, the Executive Committee shall decide on the advice of the Coordination Committee of the Organization.
7)
(a) The Executive Committee shall meet once a year in ordinary session, upon convocation by the Director General, as far as possible during the same period and at the same place as the Coordination Committee of the Organization.
(b)
The Executive Committee shall meet in extraordinary session upon convocation by the Director General, either on the initiative of the Executive Director or at the request of its Chairman or a quarter of its members.
8)
(a) Each member country of the Executive Committee shall have one vote.
(b)
One half of the members of the Executive Committee shall constitute a quorum.
(c)
Decisions shall be taken by a simple majority of the votes cast.
(d)
Abstentions shall not be considered as a vote.
(e)
A delegate may represent only one country and may vote only on behalf of that country.

(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.

Art. 24
1)
(a) The administrative tasks of the Union shall be performed by the International Bureau, which shall succeed the Bureau of the Union meeting with the Bureau of the Union established by the International Convention for the Protection of Industrial Property 1 .
(b)
The International Bureau shall, inter alia, provide the secretariat of the various bodies of the Union.
(c)
The Director-General of the Organization shall be the highest official of the Union and shall represent it.

(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.

7)
(a) The International Bureau, as directed by the Assembly and in cooperation with the Executive Committee, shall prepare the conferences for the revision of the provisions of the Convention other than art. 22 to 26.
(b)
The International Bureau may consult with intergovernmental and international non-governmental organizations on the preparation of revision conferences.
(c)
The Director General and the persons designated by him shall participate, without the right to vote, in the proceedings in those conferences.

(8) The International Bureau shall carry out any other tasks assigned to it.


1 RS 0.232.01 /.04

Art. 25
1)
(a) The Union has a budget.
(b)
The budget of the Union shall include the revenue and expenditure of the Union, its contribution to the budget of the expenses common to the Unions, and, where appropriate, the sum made available to the budget of the Conference of the Organization.
(c)
Expenses which are not exclusively attributable to the Union but also to one or more other Unions administered by the Organization shall be considered as expenses common to the Unions. The Union's share of these common expenses is proportional to the interest that these expenses show for 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:

(i)
Contributions from the countries of the Union;
(ii)
Fees and charges due for services rendered by the International Bureau in respect of the Union;
(iii)
Proceeds from the sale of the publications of the International Bureau concerning the Union and the rights relating to those publications;
(iv)
Gifts, bequests and grants;
(v)
Rents, interest, and other miscellaneous income.
4)
(a) To determine its contribution towards the budget, each country of the Union shall belong to a class and shall pay its annual contributions on the basis of a number of units fixed as follows:

Class I

25

Class II

20

Class III

15

Class IV

10

Class V

5

Class VI

3

Class VII

1

(b)
Unless it has done so previously, each country shall indicate, at the time of deposit of its instrument of ratification or accession, the class in which it wishes to belong. It can change class. If he chooses a lower class, the country must communicate it to the Assembly at one of its ordinary sessions. Such a change shall take effect at the beginning of the calendar year following that session.
(c)
Each country's annual contribution consists of an amount whose ratio to the total sum of the annual contributions to the budget of the Union of all countries is the same as the ratio of the number of units of the class in which it is And the total number of units in all countries.
(d)
Contributions are due on the first of January of each year.
(e)
A country which is late in payment of its contributions shall not exercise its right to vote, in any of the bodies of the Union of which it is a member, if the amount of its arrears equals or exceeds the amount of the contributions for which it is liable for the Two full years. However, such a country may be allowed to retain the exercise of its right to vote in that body as long as the latter considers that the delay is the result of exceptional and unavoidable circumstances.
(f)
In the event that the budget is not adopted before the start of a new financial year, the budget for the previous year shall be renewed in accordance with the rules laid down in the Financial Regulation.

(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.

6)
(a) The Union shall have a working capital fund consisting of a single payment made by each country of the Union. If the fund becomes insufficient, the Assembly decides on its increase.
(b)
The amount of the initial payment of each country to the said fund or its participation in its increase shall be proportionate to the contribution of that country for the year in which the fund is constituted or the increase decided upon.
(c)
The proportion and terms of payment shall be adopted by the Assembly, on the proposal of the Director General and after the advice of the Coordination Committee of the Organization.
7)
(a) The headquarters agreement with the country on whose territory the Organization has its headquarters provides that, if the working capital fund is insufficient, the country shall grant advances. The amount of such advances and the conditions under which they are granted shall, in each case, be the subject of separate agreements between the country concerned and the Organization. As long as it is required to grant advances, that country has Ex officio A seat on the Executive Committee.
(b)
The country referred to in subpara. (a) and the Organization shall each have the right to denounce the undertaking to grant advances by written notification. Denunciation shall take effect three years after the end of the year in which it was notified.

(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.

Art. 26

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.

Art. 27

(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.

Art. 28
1)
(a) Each country of the Union that has signed this Act may ratify it and, if it has not signed it, may accede to it. Instruments of ratification or accession shall be deposited with the Director General.
(b)
Each country of the Union may declare in its instrument of ratification or accession that its ratification or accession is not applicable to art. 1 to 21 and to the Annexe; however, if that country has already made a declaration under s. VI.1) of the Annex, it may only declare in the said instrument that its ratification or accession does not apply to art. 1 to 20.
(c)
Each of the countries of the Union which, in accordance with subpara. (b) excluded from the effects of its ratification or accession the provisions referred to in that subparagraph may, at any later stage, declare that it extends the effects of its ratification or accession to those provisions. Such a declaration shall be deposited with the Director General.
2)
(a) Art. 1 to 21 and the Schedule come into force three months after the following two conditions have been met:
(i)
At least five countries of the Union have ratified or acceded to this Act without making a declaration under para. 1 (b),
(ii)
Spain, the United States of America, France and the United Kingdom of Great Britain and Northern Ireland became bound by the Universal Copyright Convention, as revised in Paris on 24 July 1971. 1 .
(b)
The entry into force referred to in subpara. (a) shall be effective in respect of the countries of the Union which, at least three months before the said entry into force, have deposited instruments of ratification or accession which do not contain a declaration according to para. 1) (b).
(c)
In respect of any country of the Union to which the subpara. (b) is not applicable and ratifies or accedes to this Act without making a declaration under paragraph 1. 1) (b), s. 1 to 21 and the Annex 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. 1 to 21 and the Annex shall enter into force with respect to that country on the date thus indicated.
(d)
The provisions of subpara. (a) to (c) do not affect the application of s. VI of the Annex.

(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.


Art.

(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.

2)
(a) Subject to subpara. (b) this Convention shall enter into force in respect of any country foreign to the Union three months after the date on which the Director General has notified the deposit of its instrument of accession, unless a later date has been indicated in The instrument deposited. In the latter case, this Convention shall enter into force with respect to that country on the date thus indicated.
(b)
If the entry into force pursuant to subpara. (a) precedes the entry into force of s. 1 to 21 and the Schedule pursuant to s. 28.2) (a), the said country shall be bound, in the meantime, by art. 1 to 20 of the Brussels Act 1 Of this Convention, which are substituted for art. 1 to 21 and the Annex.

Art. Bis

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.


Art.

(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.

2)
(a) Any country of the Union ratifying or acceding to this Act may, subject to s. V. 2) of the Annex, maintain the benefit of the reservations that it has previously made, provided that it makes the declaration at the time of the deposit of its instrument of ratification or accession.
(b)
Any country outside the Union may declare, by acceding to this Convention and subject to s. V. 2) of the Annex, which it intends to replace, provisionally at least, in Art. 8 of this Act, concerning the right of translation, the provisions of Art. 5 of the 1886 Union Convention 1 Completed in Paris in 1896, being of course that these provisions apply only to the translation into a language of general use in that country. Subject to Art. 1.6) (b) of the Annex, any country shall have the right to apply, in respect of the right of translation of works of the country of origin of a country making use of such a reservation, protection equivalent to that accorded by the latter country.
(c)
Any country may, at any time, withdraw such reservations, by notification addressed to the Director General.

1 [RO 10 202, 16 586; 11 879 893]

Art.

(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.

3)
(a) Any declaration made under para. (1) shall take effect on the same date as the ratification or accession in the instrument of which it has been included, and any notification made under that paragraph shall take effect three months after its notification by the Director General.
(b)
Any notification made under para. (2) shall take effect twelve months after its receipt by the Director General.

(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).

Art. 32

(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:

(i)
Applies the provisions of the most recent Act by which it is related; and
(ii)
Subject to s. 1.6) of the Annex, has the right to adapt the protection to the level provided for in this Act.

(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 [RO 10 202, 16 586; 11 879 893]
2 RS 0.231.12 /.14

Art. 33

(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.

Art. 34

(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.

Art. 35

(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.

Art. 36

(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.

Art.
1)
(a) This Act shall be signed in a single copy in the English and French languages and, subject to para. 2), shall be deposited with the Director General.
(b)
Official texts shall be established by the Director General, after consultation with the Governments concerned, in the German, Arabic, Spanish, Italian and Portuguese languages, and in the other languages which the Assembly may indicate.
(c)
In the event of a dispute concerning the interpretation of the various texts, the French text shall prevail

(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.

Art. 38

(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.

Annex

Art. I

(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).

2)
(a) Any declaration made under para. 1) and notified before the expiry of a period of ten years from the entry into force of the art. 1 to 21 and this Annex in accordance with Art. 28.2), shall remain valid until the expiration of that period. It may be renewed in whole or in part for other successive ten-year periods by notification deposited with the Director General not more than fifteen months, but not less than three months before the expiry of the current ten-year period.
(b)
Any declaration made under para. 1) and notified after the expiry of a period of ten years from the entry into force of the art. 1 to 21 and this Annex in accordance with Art. 28.2), remains valid until the expiry of the current ten-year period. It may be renewed as provided for in the second sentence of subpara. (a).

(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.

6)
(a) The fact that a country invokes the benefit of one of the faculties referred to in para. 1) does not allow another country to give, to works of which the country of origin is the first country in question, a protection less than that which it is obliged to grant according to art. 1 to 20.
(b)
The option of reciprocity provided for in Art. 30.2 (b), second sentence, shall not, until the date on which the period applicable in accordance with Art. 1.3), be exercised for works of which the country of origin is a country which has made a declaration in accordance with Art. V. 1 (a).
Art. II

(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.

2)
(a) Subject to para. (3) where, upon the expiration of a period of three years or a longer period determined by the national law of that country, from the first publication of a work, the translation has not been published in a language of use General in that country, by the holder of the right of translation or with his authorization, any national of that country may obtain a license to make a translation of the work in that language and publish that translation in printed form or In any other similar form of reproduction.
(b)
A license may also be granted under this Article if all editions of the translation published in the language concerned are exhausted.
3)
(a) In the case of translations in a language which is not of general use in one or more developed countries, members of the Union, a period of one year shall be substituted for the period of three years referred to in para. 2 (a).
(b)
Any country referred to in para. 1) may, with the unanimous agreement of the developed countries, members of the Union, in which the same language is of general use, replace, in the case of translations to that language, the three-year period referred to in para. (2) (a) by a shorter period specified in accordance with the agreement, but this period shall not be less than one year. However, the provisions of the preceding sentence shall not apply where the language in question is English, Spanish or French. Any such agreement shall be notified to the Director-General by the Governments which have concluded it.
4)
(a) Any license referred to in this Article shall not be granted before the expiration of a further period of six months, in the case where it can be obtained at the expiration of a period of three years, and nine months, in the case where it may be Obtained on the expiry of a period of one year,
(i)
From the date on which the applicant completes the formalities prescribed by s. IV.1);
(ii)
Or, if the identity or address of the holder of the right of translation is not known, from the date on which the applicant proceeds, as provided for in Art. IV.2), to the sending of copies of the request submitted by it to the authority that has the authority to grant the licence.
(b)
If, within the period of six or nine months, a translation into the language for which the request has been submitted is published by the owner of the right of translation or with his authorization, no license shall be granted under this Article.

(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.

9)
(a) A license to make a translation of a work which has been published in printed form or in any other similar form of reproduction may also be granted to any broadcasting organization having its registered office in a country referred to in para. 1), following a request made to the competent authority of that country by that body, provided that all the following conditions are met:
(i)
The translation is made from a copy produced and acquired in accordance with the legislation of that country;
(ii)
The translation can only be used in broadcasts intended for the teaching or dissemination of scientific or technical information intended for experts in a particular profession;
(iii)
The translation shall be used exclusively for the purposes listed in item (ii) in broadcasts lawfully made and intended for beneficiaries in the territory of that country, including broadcasts made by means of sound or visual recordings Carried out lawfully and exclusively for such broadcasts;
(iv)
All uses made of the translation are not lucrative.
(b)
Sound or visual recordings of a translation that has been made by a broadcasting organization under a license granted under this paragraph may, for the purposes and subject to the conditions set out in subpara. (a) and with the agreement of that body, be also used by any other broadcasting organization having its registered office in the country of which the competent authority has granted the licence in question.
(c)
Provided that all the criteria and conditions listed in subpara. (a) be complied with, a license may also be granted to a broadcasting organization to translate any text embodied in an audiovisual fixation made and published solely for the purposes of academic and academic use.
(d)
Subject to subpara. (a) to (c), the provisions of the preceding paragraphs shall apply to the grant and exercise of any license granted under this paragraph.
Art. III

(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.

2)
(a) In respect of a work to which this section applies under para. 7) and when, when
(i)
The period set out in para. (3) calculated from the first publication of a specific edition of such a work, or
(ii)
A longer period established by the national legislation of the country referred to in para. 1) and calculated from the same date,
Copies of this edition have not been put on sale in that country to meet the needs, either of the general public or of the school and university education, by the owner of the right of reproduction or with his authorization, at a price Comparable to that in use in that country for similar works, any national of that country may obtain a licence to reproduce and publish this edition, at that price or at a lower price, in order to meet the needs of Academic and academic education.
(b)
A licence to reproduce and publish an edition that has been put into circulation as described in subpara. (a) may also be granted under the conditions provided for in this Article if, after the expiration of the applicable period, authorized copies of that edition are no longer for sale, for a period of six months, in the country concerned In order to meet the needs of the general public, or of school and university education, at a price comparable to that requested in that country for similar works.
(3) The period referred to in para. (2) (a) (i) shall be five years. However,
(i)
For works that deal with the natural and natural sciences and technology, it will be three years;
(ii)
For works that belong to the domain of the imagination, such as novels, poetic, dramatic and musical works, and for art books, it will be seven years.
4)
(a) Where it may be obtained at the expiration of a period of three years, the licence shall not be granted under this Article before the expiry of a period of six months.
(i)
From the date on which the applicant completes the formalities prescribed by s. IV.1);
(ii)
Or, if the identity or address of the holder of the right of reproduction is not known, from the date on which the applicant proceeds, as provided for in Art. IV.2), to the sending of copies of the request submitted by it to the authority that has the authority to grant the licence.
(b)
In other cases and if s. IV.2) is applicable, the license may not be granted before the expiration of three months from the sending of the copies of the request.
(c)
If during the period of six or three months referred to in subpara. (a) and (b) the sale as described in para. (2) (a) has occurred, no license shall be granted under this Article.
(d)
No license may be granted where the author has withdrawn from circulation all copies of the edition for the reproduction and publication of which the license has been requested.

(5) A license to reproduce and publish a translation of a work shall not be granted under this Article in the following cases:

(i)
Where the translation in question has not been published by the owner of the right of translation or with his authorization;
(ii)
Where the translation is not made in a language of general use in the country where the license is requested.

(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.

7)
(a) Subject to subpara. (b) the works to which this Article is applicable shall be only works published in printed form or in any other similar form of reproduction.
(b)
This Article shall also apply to the audiovisual reproduction of audiovisual lawful fixations as they constitute or incorporate protected works and to the translation of the accompanying text into a language of use General in the country in which the license is applied for, of course, that the audiovisual fixations in question have been designed and published solely for the purposes of academic and academic use.
Art. IV

(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.

4)
(a) Any licence granted under s. II or art. III shall not extend to the exportation of copies and shall be valid only for the publication of the translation or reproduction, as the case may be, within the territory of the country where the licence was requested.
(b)
For the purposes of subpara. (a) shall be regarded as exporting the sending of copies from a territory to the country which, for that territory, made a declaration in accordance with Art. 1.5).
(c)
Where a government agency or other public body of a country that has granted, in accordance with s. II, a license to translate in a language other than English, Spanish or French sends copies of the translation published under such a license to another country, such a shipment shall not be considered for the purposes of Subpara. (a) as an export if all of the following conditions are met:
(i)
The addressees are nationals of the country of which the competent authority has granted the licence, or groups of such nationals;
(ii)
The copies are used only for academic, academic or research use;
(iii)
The sending of copies and their subsequent distribution to the addressees is not lucrative; and
(iv)
The country to which the copies have been sent has concluded an agreement with the country of which the competent authority has issued the licence to authorize its receipt, or distribution, or both, and the Government of the latter country has notified the Director General such an agreement.

(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.

6)
(a) Appropriate national action will be taken to ensure that
(i)
The license shall include in favour of the owner of the right of translation or reproduction, as the case may be, equitable remuneration and in accordance with the scale of the royalties normally paid in the case of licenses freely negotiated between the persons concerned in the The two countries concerned; and
(ii)
Shall be assured of the payment and transfer of such remuneration; if there is national currency regulation, the competent authority shall make every effort, using international mechanisms, to ensure the transfer of the Remuneration in international convertible currency or its equivalent.
(b)
Appropriate measures will be taken in the framework of national legislation to ensure that the correct translation of the work or an exact copy of the edition is guaranteed, as the case may be.
Art. V
1)
(a) Any country entitled to declare that it will invoke the benefit of the faculty provided for in Art. II may, when ratifying or acceding to this Act, instead of making such a declaration,
(i)
Do, if it is a country to which s. 30.2) (a) is applicable, a declaration under that provision in respect of the right of translation;
(ii)
Do, if it is a country to which s. 30.2) (a) shall not apply, and even if it is not a country outside the Union, a declaration as provided for in Art. 30.2) (b), first sentence.
(b)
In the case of a country that has ceased to be considered a developing country as referred to in s. I. 1), a declaration made in accordance with this paragraph shall remain valid until the date on which the applicable time limit expires in accordance with Art. I. 3).
(c)
Any country which has made a declaration in accordance with this paragraph may not subsequently invoke the benefit of the faculty provided for in Art. II, even if he withdraws the said declaration.

(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).

Art. VI

(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:

(i)
If it is a country that, if it was bound by s. 1 to 21 and by this Annex would be entitled to invoke the benefit of the faculties referred to in Art. I. 1), that it shall apply the provisions of Art. II or art. III, or both, to works of which the country of origin is a country which, in accordance with item (ii) below, accepts the application of such articles to such works or is bound by art. 1 to 21 and by this Annex; such a declaration may refer to Art. V instead of s. II;
(ii)
It accepts the application of this Annex to works of which it is the country of origin, by countries which have made a declaration under (i) above or a notification under Art. I.

(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)

Scope of application February 7, 2014 1

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).



RO 1993 2659; FF 1989 III 465


1 Art. 1 al. 1 let. A of June 4, 1992 (RO) 1993 2634).
2 RS 0.231.14


Status on February 7, 2014