Key Benefits:
Original text
(State on 30 January 2014)
The Contracting States,
Noting that the use of satellites for the distribution of programme-carrying signals is growing rapidly both in importance and in relation to the extent of the geographical areas served;
Concern that there is no global system to prevent the distribution of program-carrying signals transmitted by satellite by distributors to which they are not intended and that the absence of any Such a system may interfere with the use of satellite communications;
Recognizing in this respect the importance of the interests of authors, performers, producers of phonograms and broadcasting organizations;
Convinced that an international system must be established, including measures to prevent the distribution of satellite-borne signals by distributors to which they are not intended;
Aware of the need not to affect in any way the international conventions already in force, including the International Telecommunication Convention and the Radio Regulations annexed to this Convention, and In no way hinder the wider acceptance of the Rome Convention of 26 October 1961 2 Which grants protection to performers, producers of phonograms and broadcasting organizations,
Agreed to the following:
For the purposes of this Convention:
(1) Any Contracting State undertakes to take adequate measures to prevent the distribution on its territory, or from its territory, of programme-carrying signals by any distributor to which the signals transmitted to the satellite or The satellite is not intended for use. This undertaking shall extend to the case where the originating agency is a national of another Contracting State and where the signals distributed are derived signals.
(2) In any Contracting State where the application of the measures referred to in para. (1) above shall be limited in time, the duration of which shall be fixed by national law. Such time shall be notified in writing to the Secretary-General of the United Nations at the time of ratification, acceptance or accession, or if the relevant national legislation enters into force or is subsequently amended, in A period of six months from the entry into force of that legislation or the entry into force of its amendment.
(3) The undertaking provided for in para. 1) above does not extend to the distribution of derived signals originating from signals already distributed by a distributor to which the transmitted signals were intended.
This Convention shall not apply where the signals emitted by or on behalf of the originating body are intended for direct reception by the general public from the satellite.
No Contracting State shall be required to apply the measures referred to in Art. 2, para. (1), where the signals distributed within its territory, by a distributor to which the signals emitted are not intended,
No Contracting State shall be required to apply this Convention in respect of signals issued before the entry into force of that Convention in respect of the State concerned.
This Convention shall in no way be interpreted as limiting or derogating from the protection granted to authors, performers, producers of phonograms, or broadcasting organizations, in Under national laws or international conventions.
This Convention shall in no way be interpreted as limiting the competence of any Contracting State to apply its national law in order to prevent any abuse of monopoly.
(1) Except for the provisions of paras. (2) and (3), no reservation to this Convention shall be permitted.
(2) Any Contracting State, whose national law in force at the date of 21 May 1974 provides, may, by written notification deposited with the Secretary-General of the United Nations, declare that for its application the Condition set out in s. 2, para. 1), ("in the case where the originating body is a national of another Contracting State") shall be deemed to be replaced by the following condition: "in case the signals emitted are from the territory of another Contracting State".
(1) This Convention shall be deposited with the Secretary-General of the United Nations. It will remain open until the date of 31 March 1975 at the signature of any member State of the United Nations, one of the specialized agencies related to the United Nations or the International Energy Agency Party to the Statute of the International Court of Justice 1 .
(2) This Convention shall be subject to ratification or acceptance by the signatory States. It shall be open for accession by the States referred to in para. 1).
(3) Instruments of ratification, acceptance or accession shall be deposited with the Secretary-General of the United Nations.
(4) It is understood that, at the time when a State becomes bound by this Convention, it must be in a position, in accordance with its national law, to give effect to the provisions of the Convention.
(1) This Convention shall enter into force three months after the deposit of the fifth instrument of ratification, acceptance or accession.
(2) With respect to each State ratifying or accepting this Convention or acceding thereto after the deposit of the fifth instrument of ratification, acceptance or accession, this Convention shall enter into force three months after the deposit of its Instrument.
(1) Any Contracting State shall have the right to denounce this Convention by written notification deposited with the Secretary-General of the United Nations.
(2) Denunciation shall take effect twelve months after the date of receipt of the notification referred to in para. 1).
(1) This Convention shall be signed in a single copy in the English, Spanish, French and Russian languages, the four texts being equally authentic.
(2) Official texts shall be established by the Director General of the United Nations Educational, Scientific and Cultural Organization and by the Director General of the World Intellectual Property Organization, after consultation with the Governments concerned, in the German, Arabic, Italian, Dutch and Portuguese languages.
(3) The Secretary-General of the United Nations shall notify the States referred to in art. 9, para. 1), and to the Director General of the United Nations Educational, Scientific and Cultural Organization, to the Director General of the World Intellectual Property Organization, to the Director General of the International Labour Office, and To the Secretary-General of the International Telecommunication Union:
(4) The Secretary-General of the United Nations shall transmit two certified copies of this Convention to all States referred to in Art. 9, para. 1).
In witness whereof , the undersigned duly authorized to that effect have signed this Convention.
Done at Brussels this twenty-one May 1974.
(Suivent signatures)
States Parties |
Ratification Accession (A) Declaration of succession (S) |
Entry into force |
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Germany * |
25 May |
1979 |
August 25 |
1979 |
Armenia |
13 September |
1993 A |
13 December |
1993 |
Australia |
26 July |
1990 A |
26 October |
1990 |
Austria |
6 May |
1982 |
August 6 |
1982 |
Bahrain |
1 Er February |
2007 A |
1 Er May |
2007 |
Bosnia and Herzegovina |
12 January |
1994 S |
6 March |
1992 |
Chile |
8 March |
2011 A |
8 June |
2011 |
Colombia |
20 December |
2013 A |
20 March |
2014 |
Korea (South) |
19 December |
2011 A |
19 March |
2012 |
Costa Rica |
25 March |
1999 A |
25 June |
1999 |
Croatia |
26 July |
1993 S |
8 October |
1991 |
El Salvador |
22 April |
2008 A |
July 22 |
2008 |
United States |
7 December |
1984 |
7 March |
1985 |
Greece |
July 22 |
1991 A |
22 October |
1991 |
Honduras |
7 January |
2008 A |
7 April |
2008 |
Italy * |
7 April |
1981 |
7 July |
1981 |
Jamaica |
12 October |
1999 A |
12 January |
2000 |
Kenya |
6 January |
1976 |
August 25 |
1979 |
Macedonia |
2 September |
1997 S |
17 November |
1991 |
Morocco |
March 31 |
1983 |
30 June |
1983 |
Mexico |
18 March |
1976 |
August 25 |
1979 |
Moldova |
28 July |
2008 A |
28 October |
2008 |
Montenegro |
23 October |
2006 S |
3 June |
2006 |
Nicaragua |
1 Er December |
1975 A |
August 25 |
1979 |
Oman |
18 December |
2007 A |
18 March |
2008 |
Panama |
25 June |
1985 A |
September 25 |
1985 |
Peru |
7 May |
1985 A |
7 August |
1985 |
Portugal |
11 December |
1995 A |
March 11 |
1996 |
Russia |
20 October |
1988 A |
20 January |
1989 |
Rwanda |
April 25 |
2001 A |
July 25 |
2001 |
Serbia |
12 March |
2001 S |
April 27 |
1992 |
Singapore |
27 January |
2005 A |
April 27 |
2005 |
Slovenia |
3 November |
1992 S |
25 June |
1991 |
Switzerland |
24 June |
1993 |
24 September |
1993 |
Togo |
10 March |
2003 A |
10 June |
2003 |
Trinidad and Tobago * |
1 Er August |
1996 A |
1 Er November |
1996 |
Vietnam |
12 October |
2005 A |
12 January |
2006 |
* |
Reservations and declarations. |
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Reservations and declarations are not published in the RO. The texts in English and French can be found at the website of the World Intellectual Property Organization: www.ompi.org/treaties/index-fr.html or obtained in the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne. |
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1 Art. 1 al. 1 let. D of the AF of 4 June 1992 (RO 1993 2634).
2 RS 0.231.171
3 RO 1993 2730, 2004 1129, 2008 3701, 2011 523, 2014 451. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).