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RS 0.231.14 Berne Convention for the Protection of Literary and Artistic Works, revised at Stockholm on July 14, 1967 (with prot. On developing countries)

Original Language Title: RS 0.231.14 Convention de Berne pour la protection des oeuvres littéraires et artistiques, révisée à Stockholm le 14 juillet 1967 (avec prot. relatif aux pays en voie de développement)

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0.231.14

Original text

Berne Convention for the Protection of Literary and Artistic Works in Stockholm, July 14, 1967 1

Concluded at Stockholm on 14 July 1967
Approved by the Federal Assembly on 2 December 1969 2
Instrument of ratification deposited by Switzerland on 26 January 1970
Entry into force of Articles 22 to 38 for Switzerland on 4 May 1970

(Status on 6 June 2006)

The countries of the Union, also animated by the desire to protect in such an effective and uniform manner the rights of authors in their literary and artistic works,

Resolved to revise and complete the Act signed at Berne on September 9, 1886 3 , completed in Paris on 4 May 1896 4 , revised in Berlin on 13 November 1908 5 , completed in Bern on 20 March 1914, revised in Rome on 2 June 1928 6 And revised in Brussels on 26 June 1948 7 .

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 dramatic 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 at his seat or habitual residence in a country of the Union, the country of origin shall be the latter 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 shall be 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 1 Er January of the year following 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) It 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 O The public performance and representation of their works, including public performance by all means or processes; 2 O 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 of broadcasting without wire the signs, sounds or Images; 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. 1

(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 2 And Brussels on 26 June 1948 3 May, in that country, be reproduced without the consent of the author of the musical work until the expiration of a period of two years from the date on which that country becomes bound by this Act.

(3) Records made under paras. 1) and 2) of this article and imported, without the authorization of the interested parties, in a country where they are not lawful, may be seized.


1 For Switzerland, see the law of October 9. 1992 on copyright (RS 231.1 ).
2 RS 0.231.12
3 RS 0.231.13

Art. 14

(1) Authors of literary or artistic works shall have the exclusive right to authorize: 1. The cinematographic adaptation and reproduction of such 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 the reproduction, putting into circulation, public performance and representation, transmission by wire to the public, broadcasting, communication to the public, underprinting and dubbing Of texts, of cinematographic work.
(c)
The question whether the form of the undertaking referred to above must, for the purposes of the preceding subparagraph (b), be a written contract or an equivalent written act shall be governed by the legislation of the country of the Union in which the producer of the work His or her seat 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 apply when the author has revealed his identity and justified 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 protection 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. 1

(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.


1 For Switzerland, see art. 80 of the Act of 9 Oct. 1992 on copyright (RS 231.1 ).

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) Special provisions for developing countries are contained in a protocol entitled " Protocol on developing countries.

(2) Subject to the provisions of Art. 28.1) (b) (i) and (c), the Protocol on Developing Countries 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 Union's three-year budget 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 subparagraph (b), if, at a session, the number of countries represented is less than one-half but equal to or more than one-third of the member countries of the Assembly, the latter may make decisions; however, the decisions Of the Assembly, with the exception of those concerning 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 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 three 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 on a convention addressed 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 seat, ex officio, shall have 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 of the Assembly,
(ii)
Submits proposals to the Assembly relating to the Union's three-year programme and budget proposals prepared by the Director-General;
(iii)
Decides, within the limits of the programme and the three-year budget, on the annual programmes and budgets prepared by the Director General;
(iv)
Submits to the Assembly, with appropriate comments, the periodic reports of the Director-General and the annual reports on account verification;
(v)
Shall take all 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;
(vi)
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 or 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.


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 subparagraph (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 Convention, including the Protocol on Developing Countries, 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 and 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:
(i)
Art. 1 to 21 and the Protocol on Developing Countries, or
(ii)
Art. 22 to 26.
(c)
If a country of the Union has already separately accepted the Protocol on developing countries in accordance with Art. 5 of the said Protocol, its declaration under item (i) of the preceding subparagraph may relate only to art. 1 to 20.
(d)
Each of the countries of the Union which, in accordance with subparagraphs (b) and (c), has excluded from the effects of its ratification or accession one of the two groups of provisions referred to in those subparagraphs may, at any later stage, declare that it extends the Effect of its ratification or accession to this group of provisions. Such a declaration shall be deposited with the Director General.
2)
(a) Subject to the provisions of Art. 5 of the Protocol on Developing Countries, art. 1 to 21 and the said Protocol shall enter into force, with respect to the first five countries of the Union which have deposited instruments of ratification or accession without making a declaration as permitted by para. (1) (b) (i), three months after the deposit of the fifth of those instruments of ratification or accession.
(b)
Art. 22 to 26 enter into force, with respect to the first seven countries of the Union who have deposited instruments of ratification or accession without making a declaration as permitted by para. (1) (b) (ii), three months after the deposit of the seventh instrument of ratification or accession.
(c)
Subject to the initial entry into force, in accordance with the provisions of subparagraphs (a) and (b), of each of the two groups of provisions referred to in para. 1) (b) (i) and (ii), and subject to the provisions of para. 1) (b), s. 1 to 26 and the Protocol on Developing Countries shall enter into force in respect of any country of the Union, other than those referred to in subparagraphs (a) and (b), which shall deposit an instrument of ratification or accession, as well as with respect to any country Of the Union filing a declaration pursuant to para. (1) (d), three months after the date of the notification by the Director General of such filing, unless a later date has been indicated in the instrument or declaration deposited. In the latter case, this Act shall enter into force with respect to that country on the date thus indicated.
(d)
The implementation of the Protocol on developing countries according to the terms of its art. 5 shall be permitted, before the entry into force of this Act, upon signature.

(3) In respect of each country of the Union which deposits an instrument of ratification or accession, s. 27 to 38 shall enter into force on the first date on which any of the groups of provisions referred to in para. (1) (b) shall enter into force in respect of that country in accordance with para. 2) (a), (b) or (c).

Art.

(1) Any country outside the Union may accede to this Act and thereby become a member of the Union. Instruments of accession shall be deposited with the Director General.

2)
(a) In respect of any country foreign to the Union which has deposited its instrument of accession one month or more before the date of entry into force of the provisions of this Act, that Act shall enter into force on the date on which the provisions have entered into force For the first time under s. 2 (2) (a) or (b), unless a later date has been indicated in the instrument of accession, however:
(i)
If s. 1 to 21 have not entered into force on that date, such a country will be bound, during the interim period before the entry into force of those provisions, and in replacement thereof, by art. 1 to 20 of the Brussels Act 1 ;
(ii)
If s. 22 to 26 have not entered into force on that date, such a country will be bound, during the interim period before the entry into force of those provisions, and in replacement thereof, by art. 21 to 24 of the Brussels Act.

If a country indicates a later date in its instrument of accession, this Act shall enter into force with respect to that country on the date thus indicated.

(b)
In respect of any country foreign to the Union which has deposited its instrument of accession on a date subsequent to the entry into force of a single group of provisions of this Act or a date which is less than a month before the entry into force of this Act, this Act shall enter into force Effect, subject to what is provided for in subparagraph (a), three months after the date on which its accession has been notified by the Director General, unless a later date has been indicated in the instrument of accession. In the latter case, this Act shall enter into force with respect to that country on the date thus indicated.

(3) In respect of any country outside the Union which has deposited its instrument of accession after the date of entry into force of this Act in its entirety, or less than one month before that date, this Act shall enter into force three months after the date on which Which its accession has been notified by the Director General, unless a later date has been indicated in the instrument of accession. In the latter case, this Act shall enter into force with respect to that country on the date thus indicated.


Art.

(1) Subject to the possible exceptions provided for in the following paragraph and to Art. 28.1) (b) and (33.2), as well as in the Protocol on Developing Countries, ratification or accession shall automatically entail the accession to all the provisions and admission to all the benefits provided for in this Act.

2)
(a) Any country of the Union ratifying this Act or acceding to it may retain the benefit of the reservations which it has previously made, provided that it makes the declaration upon the deposit of its instrument of ratification or accession.
(b)
Any country outside the Union may, by acceding to this Act, declare that it intends to substitute, at least temporarily, art. 8, concerning the right of translation, the provisions of Art. 5 of the revised 1886 Union Convention in Paris in 1896 1 , of course, that these provisions are intended only for translation into the language or languages of countries. Any country of the Union shall have the right to apply in respect of the right of translation of works having country of origin a country making use of such a reservation a protection equivalent to that granted 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 in writing at any time thereafter, that this Convention is applicable to all or part of the territories, designated in the declaration Or the 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.
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 a party to that Act or which, although a party thereto, has made the declaration provided for in Art. 28.1) (i). 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 to which it is a party, and
(ii)
Has the right to adapt protection to the level provided for in this Act.

(3) Countries which, by ratifying or acceding to this Act, have made any or all of the reservations authorized by the Protocol on Developing Countries may apply those reservations in their relations with other countries Of the Union which are not party to this Act or which, although parties thereto, have made a declaration in accordance with Art. 28.1) (b) (i), provided that the latter countries have accepted this application.


1 [RO 10 202, 16 586; 11 879 893]
2 RS 0.231.12 /.13

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 1 , unless the countries in question agree to another method of settlement. The International Bureau shall be informed by the requesting country of the dispute referred to the Court; it shall inform the other countries of the Union thereof.

(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 notification addressed to the Director General.


Art. 34

After the entry into force of this Act in its entirety, a country may not accede to earlier Acts of this Convention.

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 deposits its instrument of ratification or accession, it will be able, in accordance with its domestic legislation, 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 deposited with the Government of Sweden.
(b)
Official texts shall be established by the Director General, after consultation with the Governments concerned, in the German, 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 at Stockholm until January 13, 1968.

(3) The Director General shall transmit two copies, certified by the Government of Sweden, 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. 28.1) (d) , the entry into force of all provisions of this Act, notifications of denunciation and notifications made pursuant to Art. 31.

Art. 38 Protocol on developing countries

(1) Until the entry into office of the first Director General, references in this Act to the International Bureau of the Organization or to the Director General shall be considered as relating to the Office of the Union or to the Director General Director.

(2) Countries of the Union which are not bound by s. 22 to 26 may, for five years after the entry into force of the Convention establishing the Organization 1 , exercise, if they so desire, the rights provided for in s. 22 to 26 of this Act, as if they were bound by those Articles. 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 the expiration of that period.

(3) 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.

(4) 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.


Protocol on developing countries

Art. 1

Any country, considered as developing country in accordance with the established practice of the General Assembly of the United Nations, which ratifies the Act of this Convention, of which this Protocol forms an integral part or which adheres thereto and which, In view of its economic situation and social or cultural needs, does not consider itself in an immediate position to take the provisions to ensure the protection of all rights as provided for in this Act, may, by means of a notification Deposited with the Director General at the time of its ratification or accession including art. 21 of the said Act, declare that, during the first ten years during which it is a party to the said Act, it shall take precedence over any or all of the following reservations:

(a)
It shall replace the fifty-year period provided for in paras. 1), (2) and (3). 7 of this Convention, another time limit, which shall not be less than twenty-five years, and the period of twenty-five years provided for in para. (4) of the said Article, a time limit other than ten years;
(b)
It will replace s. 8 of this Convention the following provisions:
(i)
Authors of literary and artistic works protected by this Convention shall enjoy, in countries other than the country of origin of their works, the exclusive right to make or authorize the translation thereof for the duration of the Protection of their rights in original works. However, the exclusive right of translation shall cease to exist where the author has not made use of it within a period of ten years from the first publication of the original work, by publishing or publishing, in one of the countries of the Union, a Translation into the language for which protection will be claimed;
(ii)
Where, at the expiration of a period of three years from the first publication of a literary or artistic work, or a longer period determined by the national legislation of the developing country concerned, the Translation has not been published in that country in one of the national, official or regional languages of that country by the holder of the right of translation or with his authorization, any national of that country may obtain from the authority Competent a non-exclusive license to translate the work and publish the work thus translated into one of the National, official or regional languages in which it has not been published. This license may be granted only if the applicant, in accordance with the provisions in force in the country in which the application is made, justifies having requested the right holder to translate and publish the Translation and, after due diligence on its part, could not reach the owner of the copyright or obtain his authorization. Under the same conditions, the licence may also be granted if, for a translation already published in that language in that country, the editions are exhausted;
(iii)
If the holder of the right of translation has not been able to be reached by the applicant, the applicant must send copies of his application to the publisher whose name appears on the work and to the diplomatic or consular representative of the country of which the right holder is Translation is a national, where the nationality of the holder of the right of translation is known, or to the body which may have been designated by the Government of that country. The license may not be granted before the expiration of two months from the date of the sending of the copies of the application;
(iv)
National legislation will adopt the appropriate provisions to ensure equitable remuneration for the holder of the right of translation, as well as the payment and transfer of such remuneration, subject to national legislation To ensure proper translation of the work;
(v)
The title and the name of the author of the original work must also be printed on all copies of the published translation. The licence shall be valid only for the edition within the territory of the country of the Union where that licence is requested. The importation and sale of copies in another country of the Union shall be possible if one of the national, official or regional languages of that other country is the same as the one in which the work has been translated, if the national law permits And if none of the provisions in force in that country precludes importation and sale; the importation and sale in the territory of any country of the Union in which the preceding conditions do not exist shall be reserved for the The legislation of that country and the agreements concluded by it. The licence may not be assigned by the beneficiary;
(vi)
The license cannot be granted when the author has removed the copies of the work from circulation;
(vii)
However, if the author avails himself of the right conferred in accordance with subparagraph (i) above within the period of ten years from the date of the first publication, the licence shall expire on the date on which the author publishes or publishes his Translation in the country where the license was granted; it is understood, however, that any copy of the translation that is already ready before the expiry date of the licence may continue to be sold;
(viii)
If the author does not avail himself of the right conferred in accordance with subparagraph (i) above within the ten-year time limit, the remuneration provided for in the non-exclusive license referred to above shall cease to be due for any subsequent use The expiry of this period;
(ix)
If the author enjoys the exclusive right of translation in a country for the publication or publication of a translation of his work in that country within a period of ten years from the first publication, but if, subsequently and for the duration of the The author's right in this work, all editions of that authorized translation in that country have been exhausted, a non-exclusive license to translate the work could then be obtained from the competent authority in the same way and Under the same conditions as for the non-exclusive license referred to in subparagraphs (ii) to (vi) above, but Subject to the provisions of subparagraph (vii) above;
(c)
It will apply the provisions of s. 9.1) of this Convention subject to the following provisions:
(i)
Where, at the expiration of a period of three years from the first publication of a literary or artistic work, or a longer period determined by the national legislation of the developing country concerned, that work Has not been published in that country in the original form in which it was created, by the owner of the reproduction right or with his authorization, any national of that country may obtain from the competent authority a non-exclusive license for Reproduce and publish this work for educational or cultural purposes. This license may be granted only if the applicant, in accordance with the provisions in force in the country in which the application is made, justifies having applied to the right holder for permission to reproduce and publish the work for purposes And, after due diligence on its part, has not been able to reach the owner of the right or obtain his authorization. Under the same conditions, the licence may also be granted if, for that work already published in that original form in that country, the editions are exhausted;
(ii)
If the owner of the right of reproduction has not been able to be reached by the applicant, the applicant must send copies of his application to the publisher whose name appears on the work and to the diplomatic or consular representative of the country of which the right holder is Reproduction is a national, where the nationality of the holder of the right of reproduction is known, or to the body which may have been designated by the Government of that country. The license may not be granted before the expiration of two months from the date of the sending of the copies of the application;
(iii)
National legislation shall adopt appropriate provisions to ensure equitable remuneration for the owner of the right of reproduction, as well as the payment and transfer of such remuneration, subject to national legislation in Currency matters, and to ensure proper reproduction of the work;
(iv)
The original title and the name of the author of the work must also be printed on all copies of the published reproduction. The licence shall be valid only for the edition within the territory of the country of the Union where that licence is requested. The importation and sale of copies in another country of the Union shall be possible for educational or cultural purposes if its national law permits the licence and if none of the provisions in force in that country are opposed to the importation and Sale; the import and sale in the territory of any country of the Union in which the preceding conditions do not exist are reserved for the legislation of that country and the agreements concluded by it. The licence may not be assigned by the beneficiary;
(v)
The license cannot be granted when the author has removed the copies of the work from circulation;
(vi)
However, if the author avails himself of the right to reproduce the work, the license shall expire on the date on which the author publishes or publishes his work in his said original form in the country in which the license was granted; it is understood, , however, that any copy of the work already completed before the expiry date of the licence may continue to be sold;
(vii)
If the author publishes or publishes his work in his said original form in a country but if, subsequently and during the term of the author's right in that work, all editions authorized in that original form have been exhausted In that country, a non-exclusive license for the reproduction and publication of the work could then be obtained from the competent authority in the same manner and under the same conditions as for the non-exclusive license referred to in subparagraphs (i) to (v) Above but subject to the provisions of subparagraph (vi) above;
(d)
Will replace paras. 1) and 2) of Art. 11 Bis Of this Convention the following provisions:
(i)
Authors of literary and artistic works shall enjoy the exclusive right of authorizing the broadcasting of their works and the public communication of the broadcasting of such works if that communication is made for profit;
(ii)
It is for the national laws of the countries of the Union to regulate the conditions for the exercise of the right referred to in the preceding subparagraph, but these conditions will have only a strictly limited effect to the country that would have established them. In no case shall they impair neither the moral rights of the author nor the right of the author to obtain equitable remuneration, in the absence of an amicable agreement, by the competent authority;
(e)
It shall reserve the right, exclusively for the purposes of teaching, studies and research in all fields of education, to restrict the protection of literary and artistic works provided that appropriate provisions are adopted National legislation to provide remuneration in accordance with the payment standards applicable to national authors; the payment and transfer of such remuneration shall be subject to national regulations concerning the Currency. Copies of a work published pursuant to reservations made under this paragraph may be imported and sold in another country of the Union for the purposes identified above if the latter country has availed itself of the said reservations and Does not prohibit this importation and sale. Where the above conditions are not fulfilled, the importation and sale of such copies in a country of the Union that is not a beneficiary of this Protocol shall be prohibited without the consent of the author or his successors in title.
Art. 2

Any country that no longer needs to maintain any of the reservations or reservations made in accordance with Article 1 of this Protocol shall withdraw such reservations by notification deposited with the Director General.

Art. 3

Any country which has made reservations in accordance with Article 1 of this Protocol and which does not yet consider itself, at the end of the ten-year period provided for, having regard to its economic situation and to its social or cultural needs, Withdraw the reservations made in accordance with this Article 1, may maintain any reservations or reservations until such time as it ratifies or accedes to the Act adopted by the next Review Conference of this Convention.

Art. 4

If, in accordance with the established practice of the United Nations General Assembly, a country ceases to be considered a developing country, the Director General shall notify it to the country concerned and to all other countries of the Union. At the expiration of a period of six years, from that notification, the said country shall no longer have the right to maintain any of the reservations made under this Protocol.

Art. 5

(1) Any country of the Union may declare, from the signature of this Convention and at any time before it becomes bound by art. 1 to 21 of the said Convention and by this Protocol,

(a)
In the case of a country referred to in Article 1 of this Protocol, that it intends to apply the provisions of this Protocol to works of which the country of origin is a country of the Union which accepts the application of the reservations of this Protocol, or
(b)
That it allows the application of the provisions of this Protocol to works of which it is the country of origin, by countries which, by becoming bound by art. 1 to 21 of this Convention and by this Protocol or by making a declaration of application of this Protocol under the provision of subparagraph (a), have made the reservations permitted under that Protocol.

(2) The declaration shall be made in writing and shall be deposited with the Director General. It shall take effect on the date on which it was filed.

Art. 6 Scope of application 5 May 2006

Any country which is bound by the provisions of this Protocol and which has made a declaration or a notification under Art. 31.1) of this Convention in respect of territories which, on the date of signature of this Convention, do not provide for their external relations and whose situation may be regarded as similar to that of the countries referred to in the Article First of this Protocol, may notify the Director General that the provisions of this Protocol shall apply to all or part of the said Territories and may declare in that notification that such territory shall prevail Or of all reservations authorized by this Protocol.

In witness whereof, The undersigned, duly authorized to that effect, have signed this Act.

Done at Stockholm, 14 July 1967.

(Suivent signatures)

Scope of application 5 May 2006

Under s. 32, para. 1 of the Berne Convention, revised in 1971 in Paris (RS 0.231.15 ), Switzerland shall remain bound by this Convention in relations with the following States:

States Parties

Ratification Accession (A)

Entry into force

Fiji

11 December

1971 A

15 March

1972

Pakistan

26 November

1969 A

28 February

1970

Chad

August 4

1971 A

25 November

1971


RO 1970 648; FF 1968 II 917


1 Switzerland has ratified only the art. 22 to 38 of the Convention (without s. 1 to 21 and prot.). In relations between states which, like Switzerland, have ratified the art. 22 to 38 concerning the administrative provisions of the Berne Convention revised in 1971 in Paris, or acceded to it (RS 0.231.15 Art. 32 al. 1), the said articles replace the arts. 21 and s. Of this Agreement.
2 Art. Er , ch. 3 of the AF of 2 Dec. 1969 (RO 1970 601)
3 [RO 10 202]
4 [RO 16 586]
5 [RS 11 879 893]
6 RS 0.231.12
7 RS 0.231.13


State 11. July 2006