(1) This Treaty constitutes a special arrangement within the meaning of Art. 20 of the Berne Convention for the Protection of Literary and Artistic Works ¹ , as regards Contracting Parties which are Member States of the Union established by that Convention. It has no connection with other treaties than the Berne Convention and applies without prejudice to any rights and obligations arising from any other treaty.

(2) Nothing in this Treaty shall derogate from the obligations of Contracting Parties to each other under the Berne Convention for the Protection of Literary and Artistic Works.

3. In this Treaty, the "Berne Convention" means the Paris Act of July 24, 1971, of the Berne Convention for the Protection of Literary and Artistic Works.

4. Contracting Parties shall comply with Art. 1 to 21 and to the Annex to the Berne Convention.

Copyright protection extends to expressions and not to ideas, procedures, methods of operation or mathematical concepts as such.

The Contracting Parties shall apply Mutatis mutandis The provisions of s. 2 to 6 of the Berne Convention in the context of the protection provided for in this Treaty.

Computer programs are protected as literary works within the meaning of s. 2 of the Berne Convention. The intended protection applies to computer programs regardless of the mode or form of expression.

Compilations of data or other elements, in any form, which, by the choice or arrangement of the materials, constitute intellectual creations shall be protected as such. This protection does not extend to the data or elements themselves and it is without prejudice to any existing copyright in the data or elements contained in the compilation.

Authors of literary and artistic works shall enjoy the exclusive right of authorizing the making available to the public of the original and copies of their works by sale or other transfer of ownership.

(2) Nothing in this Treaty shall affect the ability of Contracting Parties to determine the conditions, if any, in which the exhaustion of the right laid down in para. 1 applies after the first sale or other transfer of ownership of the original or of a copy of the work, made with the authorization of the author.

1. The authors:

I.

Computer programs,

Ii.

Cinematographic works, and

Iii.

Works embodied in phonograms as defined in the national law of the Contracting Parties,

Shall enjoy the exclusive right to authorize commercial rental to the public of the original or copies of their works.

2. L' al. 1 is not applicable:

I.

With respect to computer programs, where the program itself is not the essential purpose of the rental and

Ii.

In the case of cinematographic works, unless the rental has led to the widespread realization of copies of those works, which materially impairs the exclusive right of reproduction.

3. Notwithstanding the provisions of para. 1, a Contracting Party which applied to April 15, 1994 and continues to apply a system of equitable remuneration of authors for the rental of copies of their works incorporated in phonograms may maintain this system on condition The commercial rental of works embodied in phonograms does not materially impair the exclusive right of reproduction of the authors.

Without prejudice to the provisions of Art. 11, para. 1, c. 2, art. 11 ^Bis , para. 1, c. 1 and 2, art. 11 ^Ter , para. 1, c. 2, art. 14, para. 1, c. 2 and art. 14 ^Bis , para. 1, of the Berne Convention, authors of literary and artistic works shall enjoy the exclusive right of authorizing any communication to the public of their works by wire or wireless means, including the making available to the public of their works of In such a way that everyone can access them from the place and at the time they choose individually.

In the case of photographic works, the Contracting Parties do not apply the provisions of Art. 7, para. 4, of the Berne Convention.

(1) Contracting Parties may, in their legislation, provide for limitations or exceptions to the rights conferred on authors of literary and artistic works under this Treaty in certain special cases where it is not worn Infringement of the normal exploitation of the work or caused undue hardship to the legitimate interests of the author.

(2) In applying the Berne Convention, Contracting Parties shall confine any limitations or exceptions to the rights provided for in the Berne Convention to certain special cases in which it is not infringed. The normal exploitation of the work or caused undue hardship to the legitimate interests of the author.

Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures which are implemented by the authors in the course of the exercise of their Rights under this Treaty or the Berne Convention and which restrict the performance, in respect of their works, of acts not authorized by the authors concerned or permitted by law.

(1) Contracting Parties shall provide appropriate and effective legal remedies against any person who performs any of the following acts knowing, or, in respect of civil remedies, having reasonable grounds to believe That this act will entail, permit, facilitate or conceal an infringement of a right provided for by this Treaty or the Berne Convention:

I.

Delete or modify, without authority, any information relating to the rights regime in electronic form;

Ii.

Distribute, import for distribution, broadcast or communicate to the public, without authority, works or copies of works knowing that information relating to the rights regime in electronic form has Deleted or modified without authorization.

(2) In this Article, the term "information on the rights system" shall mean information identifying the work, the author of the work, the owner of any right in the work or information on the terms and conditions Use of the work, and any number or code representing this information, where any of these pieces of information is attached to the copy of a work or appears in relation to the communication of a work to the public.

The Contracting Parties shall apply the provisions of Art. 18 of the Berne Convention in respect of all the protection provided for in this Treaty.

The Contracting Parties undertake to adopt, in accordance with their legal system, the measures necessary to ensure the application of this Treaty.

(2) The Contracting Parties shall ensure that their legislation includes procedures for the enforcement of the rights provided for in this Treaty, so as to enable effective action against any act that infringers those rights, Including measures to prevent promptly any infringement and measures to prevent further infringement.

1.

A. The Contracting Parties shall have an Assembly.

B.

Each Contracting Party 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 Contracting Party which has appointed it. The Assembly may request the World Intellectual Property Organization (hereinafter referred to as "WIPO") to grant financial assistance to facilitate the participation of delegations of Contracting Parties which are considered to be Developing countries in accordance with the established practice of the United Nations General Assembly or countries in transition to a market economy.

2.

The Assembly shall deal with questions concerning the maintenance and development of this Treaty and its application and operation.

B.

The Assembly fulfils the role assigned to it under Art. 17, para. 2 by examining the possibility of allowing certain intergovernmental organizations to become party to this Treaty.

C.

The Assembly shall decide on the convocation of any diplomatic conference for the revision of this Treaty and shall give the necessary instructions to the Director General of WIPO for the preparation thereof.

3.

A. Each Contracting Party which is a State shall have one vote and shall vote only in its own name.

B.

Any Contracting Party which is an intergovernmental organization may participate in the vote, in place of its member States, with a number of votes equal to the number of its member States which are party to this Treaty. No intergovernmental organization shall participate in the vote if one of its member States exercises its right to vote, and vice versa.

The Assembly shall meet in ordinary session once every two years upon convocation by the Director General of WIPO.

5. The Assembly shall establish its rules of procedure, including its convocation in extraordinary session, the rules relating to the quorum and, subject to the provisions of this Treaty, the required majority for various types of decisions.

The International Bureau of WIPO shall perform the administrative tasks relating to the Treaty.

(1) Any Member State of WIPO may become party to this Treaty.

(2) The Assembly may decide to allow to become party to this Treaty any intergovernmental organization which declares that it has jurisdiction, and has its own legislation binding all its member states, with regard to the matters governed by it By this Treaty and has been duly authorised, in accordance with its internal procedures, to become party to this Treaty.

(3) The European Community, having made the declaration referred to in the preceding paragraph at the Diplomatic Conference which has adopted this Treaty, may become party to this Treaty.

Except as otherwise expressly provided in this Treaty, each Contracting Party shall enjoy all rights and assume all obligations under this Treaty.

This Treaty shall be open for signature until December 31, 1997 and may be signed by any Member State of WIPO and by the European Community.

This Treaty shall enter into force three months after 30 instruments of ratification or accession have been deposited with the Director General of WIPO by States.

This Treaty shall bind:

I.

The 30 States referred to in Art. 20 from the date on which this Treaty entered into force;

Ii.

All other States at the expiration of three months from the date on which the State deposited its instrument with the Director General of WIPO;

Iii.

The European Community at the expiration of a period of three months following the deposit of its instrument of ratification or accession if that instrument was deposited after the entry into force of this Treaty in accordance with Art. 20 or three months after the entry into force of this Treaty if that instrument has been deposited before the entry into force of this Treaty;

Iv.

Any other intergovernmental organization which is entitled to become party to this Treaty, on the expiry of a period of three months following the deposit of its instrument of accession.

No reservation to this Treaty shall be admitted.

Any Contracting Party may denounce this Treaty by a notification addressed to the Director General of WIPO. Denunciation shall take effect one year after the date on which the Director General has received the notification.

(1) This Treaty shall be signed in a single original in the English, French, Arabic, Chinese, Spanish and Russian languages, all versions being equally authentic.

2. An official text in any language other than those referred to in para. 1 shall be established by the Director General of WIPO at the request of an interested party, after consultations with all interested parties. For the purposes of this paragraph, "interested party" means any Member State of WIPO whose official language or official language is at issue, as well as the European Community, and any other intergovernmental organization which May become party to this Treaty if any of its official languages is in question.

The Director General of WIPO is the depositary of this Treaty.

(Suivent signatures)