Key Benefits:
Original text
(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:
The countries to which this Convention applies constitute a Union for the protection of the rights of authors in their literary and artistic works.
(1) The terms "literary and artistic works" include all productions of the literary, scientific and artistic domain, whatever the mode or form of expression, such as books, pamphlets and other writings; conferences, Speeches, sermons and other works of the same nature; dramatic or 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.
(1) It is reserved for the laws of the countries of the Union to exclude in whole or in part from the protection provided for in the preceding article the political speeches and speeches given in the judicial proceedings.
(2) It shall also be reserved for the laws of the countries of the Union to rule on the conditions under which conferences, speeches and other works of the same nature, made in public, may be reproduced by the press, Broadcast, transmitted by wire to the public and subject to public communications under s. 11 Bis (1) of this Convention, where such use is justified by the purpose of information to be attained.
(3) However, the author shall enjoy the exclusive right of collation of his works referred to in the preceding paragraphs.
(1) The following are protected under this Convention:
(2) Authors who are not nationals of one of the countries of the Union but who have their habitual residence in one of them shall, for the purposes of this Convention, be assimilated to the authors of that country.
(3) "Published works" shall mean the works published with the consent of the authors, whatever the method of manufacture of the copies, provided that the making available of the copies has been such that it satisfies the requirements Reasonable audience, given the nature of the work. Do not constitute a publication of the representation of a dramatic, dramatico-musical or cinematographic work, the performance of a musical work, the public recitation of a literary work, the transmission or broadcasting of works Literary or artistic, the exhibition of a work of art and the construction of a work of architecture.
(4) A work which has appeared in two or more countries within thirty days of its first publication shall be deemed to be published simultaneously in several countries.
The following shall be protected under this Convention, even if the conditions laid down in Art. 3 are not fulfilled,
(1) Authors shall enjoy, in respect of works for which they are protected under this Convention, in the countries of the Union other than the country of origin of the work, the rights which the respective laws currently grant or Shall thereafter grant to nationals, as well as rights specially granted by this Convention.
(2) The enjoyment and exercise of such rights shall not be subject to any formality; this enjoyment and exercise shall be independent of the existence of protection in the country of origin of the work. Subsequently, apart from the provisions of this Convention, the scope of protection and the means of redress afforded to the author in order to safeguard his rights shall be governed exclusively by the legislation of the country where the protection is Claimed.
(3) Protection in the country of origin shall be governed by national law. However, where the author does not appear in the country of origin of the work for which he is protected by this Convention, he shall have the same rights in that country as the national authors.
(4) Is considered to be country of origin:
(1) Where a country outside the Union does not sufficiently protect the works of authors who are nationals of one of the countries of the Union, the latter country may restrict the protection of works of which the authors are, at the time of the First publication of these works, nationals of the other country and not their habitual residence in one of the countries of the Union. If the country of the first publication makes use of this option, the other countries of the Union shall not be obliged to grant such works subject to special treatment a broader protection than that accorded to them in the country of the first publication. First publication.
(2) No restriction, established under the preceding paragraph, shall prejudice the rights that an author shall have acquired in a work published in a country of the Union prior to the execution of that restriction.
(3) Countries of the Union which, under this Article, shall restrict the protection of the rights of authors, shall notify the Director General of the World Intellectual Property Organization (hereinafter referred to as the "Director General") by a In writing, where the countries vis-à-vis whom protection is restricted will be indicated, together with the restrictions to which the rights of authors who are nationals of those countries are subject. The Director-General shall immediately communicate the fact to all the countries of the Union.
(1) Irrespective of the economic rights of the author, and even after the assignment of such rights, the author shall retain the right to claim authorship of the work and to object to any distortion, mutilation or other modification of that work or Any other interference with the same work, prejudicial to his honour or reputation.
(2) The rights granted to the author under para. (1) above shall be, after his death, held at least until the expiry of the economic rights and exercised by the persons or institutions to which the national law of the country in which the protection is claimed gives quality. However, countries whose legislation, in force at the time of ratification of this Act or of accession to this Act, does not contain provisions ensuring the protection after the death of the author of all the rights recognized under para. 1) above have the right to provide that some of these rights are not maintained after the death of the author.
(3) The means of redress for safeguarding the rights recognized in this Article shall be governed by the laws of the country where protection is claimed.
(1) The term of protection granted by this Convention shall include the life of the author and fifty years after his death.
(2) However, for cinematographic works, the countries of the Union shall have the right to provide that the term of protection shall expire 50 years after the work has been made available to the public with the consent of the author, or if not Of such an event within fifty years from the completion of such a work, the term of protection shall expire 50 years after that achievement.
(3) For anonymous or pseudonymous works, the term of protection granted by this Convention shall expire 50 years after the work has been lawfully made available to the public. However, when the pseudonym adopted by the author leaves no doubt as to his identity, the term of protection is that provided for in para. 1). If the author of an anonymous or pseudonymous work reveals his identity during the period mentioned above, the applicable period of protection shall be that provided for in para. 1). The countries of the Union are not obliged to protect anonymous or pseudonymous works for which there is every reason to assume that their author has been dead for fifty years.
(4) It 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.
The provisions of the preceding Article shall also apply where the copyright belongs in common to the employees of a work, provided that the time periods following the death of the author are calculated from the death of the last Surviving collaborators.
Authors of literary and artistic works protected by this Convention shall enjoy, for the duration of their rights in the original work, the exclusive right to make or authorize the translation of their works.
(1) Authors of literary and artistic works protected by this Convention shall enjoy the exclusive right of authorizing the reproduction of such works in any manner and in any form.
(2) 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.
(1) Quotations drawn from a work, which have already been lawfully made available to the public, shall be lawful, provided that they conform to the good uses and to the extent justified by the aim to be achieved, including quotations from newspaper articles and Periodicals in the form of press reviews,
(2) The effect of the laws of the countries of the Union and of the special arrangements existing or to be concluded between them, as regards the ability to lawfully use, to the extent justified by the objective to be attained, literary works As an illustration of the teaching by means of publications, broadcasts or sound or visual recordings, provided that such use is in accordance with good practice.
(3) The quotations and uses referred to in the preceding paragraphs shall refer to the source and the name of the author, if that name appears in the source.
(1) It is reserved for the laws of the countries of the Union to permit the reproduction by the press, or the broadcasting or transmission by wire to the public, of articles of current economic, political or religious discussion published in Newspapers or periodicals, or broadcast works having the same character, in cases where the reproduction, broadcasting or such transmission is not expressly reserved. However, the source must always be clearly indicated; the sanction of this obligation is determined by the legislation of the country in which protection is sought.
(2) It is also reserved for the laws of the countries of the Union to regulate the conditions under which, on the occasion of reports of current events by means of photography or cinematography, or by means of broadcasting or Of transmission by wire to the public, literary or artistic works seen or heard in the course of the event may, to the extent justified by the purpose of information to be attained, be reproduced and made available to the public.
(1) Authors of dramatic, dramatico-musical and musical works shall enjoy the exclusive right of authorizing: 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.
(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.
(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.
Authors of literary or artistic works shall enjoy the exclusive right of authorizing adaptations, arrangements and other alterations to their works.
(1) Each country of the Union may, as far as it is concerned, establish reservations and conditions relating to the exclusive right of the author of a musical work and the author of the words, whose recording with the musical work has already been authorized by that person Last, to authorize the sound recording of the said musical work, with, where appropriate, the words, but all reservations and conditions of that nature will have only a strictly limited effect to the country which would have established them and will not be able to Infringement of the right of the author to obtain equitable remuneration Set, in the absence of an amicable agreement, by the competent authority. 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) 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.
(1) Without prejudice to the rights of the author of any work which may have been adapted or reproduced, the cinematographic work shall be protected as an original work. The owner of the copyright in the cinematographic work shall enjoy the same rights as the author of an original work, including the rights referred to in the foregoing Article.
(3) Unless the national law decides otherwise, the provisions of para. (2) (b) above shall not apply to the authors of the scenarios, dialogues and musical works created for the performance of the cinematographic work or to the principal director of the cinematographic work. However, the countries of the Union whose legislation does not contain provisions for the application of para. 2) b ) The said director shall notify the Director General by means of a written declaration which shall be communicated immediately by the Director General to all other countries of the Union.
(1) In the case of original works of art and the original manuscripts of writers and composers, the author-or, after his death, the persons or institutions to whom the national legislation gives quality-enjoys an inalienable right to Be interested in the sales transactions the work of which is the subject after the first assignment by the author.
(2) The protection provided for in the foregoing paragraph shall be payable in each country of the Union only if the national legislation of the author admits such protection and insofar as it permits the legislation of the country where such protection is claimed.
(3) The terms and rates of collection shall be determined by each national law.
(1) In order for the authors of literary and artistic works protected by this Convention to be, in the absence of evidence to the contrary, considered to be such and entitled accordingly before the courts of the countries of the Union to prosecute Counterfactors, it is sufficient that the name be indicated on the work in the usual manner. This paragraph shall apply, even if that name is a pseudonym, since the pseudonym adopted by the author leaves no doubt as to his identity.
(2) The person shall be presumed to be the producer of the cinematographic work, unless there is evidence to the contrary, the natural or legal person whose name is indicated on the work in the usual manner.
(3) For anonymous works and pseudonymous works other than those referred to in para. 1) above, the publisher whose name is indicated on the work is, without further evidence, deemed to represent the author; in that capacity, he is entitled to safeguard and assert the rights of the author. The provision of this paragraph shall cease to apply when the author has revealed his identity and justified his quality.
(1) Any infringing work may be seized in the countries of the Union where the original work is entitled to legal protection.
(2) The provisions of the preceding paragraph shall also apply to reproductions originating in a country where the work is not protected or has ceased to be protected.
(3) Seizure shall take place in accordance with the laws of each country.
The provisions of this Convention shall not prejudice, in any way, the right of the Government of each of the countries of the Union to permit, monitor or prohibit by law or police measures Movement, representation, exhibition of any work or production in respect of which the competent authority would have to exercise that right.
(1) This Convention shall apply to all works which, at the time of its entry into force, have not yet fallen into the public domain of their country of origin by the expiry of the term of protection.
(2) However, if a work, by the expiry of the term of protection previously recognized, has fallen into the public domain of the country where 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 ).
The provisions of this Convention shall not prevent the application of broader provisions which would be enacted by the legislation of a country of the Union.
The Governments of the countries of the Union reserve the right to make special arrangements among themselves, as such arrangements confer on the authors more extensive rights than those granted by the Convention, or that they would contain Other provisions not contrary to this Convention. The provisions of the existing arrangements which meet the above conditions shall remain applicable.
(1) 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.
(5) The Assembly shall adopt its rules of procedure.
(1) The Assembly shall have an Executive Committee.
(3) The number of member countries of the Executive Committee shall correspond to one quarter of the number of member countries of the Assembly. In calculating the seats to be filled, the remainder after division by four shall not be taken into account.
(4) In electing the members of the Executive Committee, the Assembly shall take into account equitable geographical distribution and the need for countries party to the Special Agreements that could be established in relation to the Union Among the countries constituting the Executive Committee.
(9) Countries of the Union which are not members of the Executive Committee shall be admitted to its meetings as observers.
(10) The Executive Committee shall adopt its rules of procedure.
(2) The International Bureau shall assemble and publish information concerning the protection of copyright. Each country of the Union shall, as soon as possible, communicate to the International Bureau the text of any new law as well as any official texts concerning the protection of copyright.
(3) The International Bureau shall publish a monthly periodical.
(4) The International Bureau shall provide information on matters relating to the protection of copyright to any country of the Union, on its request.
(5) The International Bureau shall conduct studies and provide services to facilitate the protection of copyright.
(6) The Director General and any staff member designated by him shall participate, without the right to vote, in all meetings of the Assembly, the Executive Committee and any other committee of experts or working group. The Director General or a staff member designated by him shall be ex officio secretary of those bodies.
(8) The International Bureau shall carry out any other tasks assigned to it.
(2) The budget of the Union shall be adopted taking into account the requirements of coordination with the budgets of the other Unions administered by the Organization.
(3) The Union budget shall be financed by the following resources:
Class I |
25 |
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Class II |
20 |
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Class III |
15 |
|
Class IV |
10 |
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Class V |
5 |
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Class VI |
3 |
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Class VII |
1 |
(5) The amount of fees and charges due for services rendered by the International Bureau under the Union shall be fixed by the Director General, who shall report it to the Assembly and the Executive Committee.
(8) Account verification shall be carried out, in accordance with the arrangements laid down in the Financial Regulation, by one or more countries of the Union or by external auditors, who shall, with their consent, be appointed by the Assembly.
1) Proposals to amend s. 22, 23, 24, 25 and this Article may be presented by any country member of the Assembly, by the Executive Committee or by the Director General. These proposals shall be communicated by the Assembly to the Member States of the Assembly at least six months before being submitted to the Assembly for consideration.
(2) Any amendment to the articles referred to in para. 1) is adopted by the Assembly. Adoption shall require three-fourths of the votes cast; however, any change in s. 22 and this paragraph shall require four-fifths of the votes cast.
(3) Any amendment to the articles referred to in para. (1) shall enter into force one month after the receipt by the Director General of written notifications of acceptance, effected in accordance with their respective constitutional requirements, of the three-fourths of the countries which were members of The Assembly at the time when the amendment was adopted. Any amendment of the said Articles thus accepted shall bind all the countries which are members of the Assembly at the time when the amendment enters into force or become members at a later date; however, any amendment that increases the Financial obligations of the countries of the Union shall bind only those of them who have notified their acceptance of the amendment.
(1) This Convention shall be subject to revision with a view to introducing improvements in the field of the Union's system.
(2) To this end, conferences shall be held successively in one of the countries of the Union between the delegates of the said countries.
(3) Subject to the provisions of Art. 26 applicable to the amendment of s. 22 to 26, any revision of this Convention, including the Protocol on Developing Countries, shall require the unanimity of the votes cast.
(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).
(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.
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.
(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.
(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.
1 [RO 10 202, 16 586; 11 879 893]
(1) Any country may declare in its instrument of ratification or accession, or may inform the Director General 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.
(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:
(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) 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.
After the entry into force of this Act in its entirety, a country may not accede to earlier Acts of this Convention.
(1) This Convention shall remain in force without limitation.
(2) Any country may denounce this Act by notification addressed to the Director General. Such denunciation shall also denounce all previous Acts and shall have effect only in respect of the country which has done so, the Convention remaining in force and enforceable against the other countries of the Union.
(3) Denunciation shall take effect one year after the day on which the Director General has received the notification.
(4) The right of denunciation provided for in this Article shall not be exercised by any country before the expiration of five years from the date on which it became a member of the Union.
(1) Any country party to this Convention undertakes to adopt, in accordance with its Constitution, the measures necessary to ensure the implementation of this Convention.
(2) It is understood that, at the time when a country 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.
(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.
(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.
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:
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.
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.
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.
(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,
(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.
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)
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:
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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 |
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