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Sovereign Law Series

Paris “Berne Convention for the
Protection of Literary and
Artistic Works” of 1979


Short-Form Reference:

1979 “Berne Convention for Protection of Works”

In-Line Micro Reference:

1979 “Berne Convention”

Ratification / Registration:

UN-BIRPI Paris (04 May 1896)
Amended UN-WIPO Geneva (28 Sep 1979)


© 2020 Sovereign Court of International Justice (SCIJ). All International Rights Reserved.

The 1979 “Berne Convention” fully protects this proprietary collection as a selection and arrangement of
works (Art. 2.5), and protects these documents as derivative works (Art. 2.3) and adaptations (Art. 12). All
unauthorized republication or distribution including online is illegal (Art. 9). “Fair Use” does not permit
infringement for unfair competition by another non-profit (17 USC 107), which is a criminal offense
punishable by 10 years imprisonment (18 USC 241; UK Copyright Act §107).



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Introductory Notes by the Independent Judiciary

Download Sovereign Law Series – This “Sovereign Law Series” is presented by the
Sovereign Court of International Justice (SCIJ), as a proprietary system for standardized
reference and effective use of international law sources. It provides primary sources
of the modern framework of “conventional international law”, which contains
provisions to invoke “customary international law” which is the “Common Law”.
Download the “Intro & Index” (with links to all documents in the collection) here:

Introduction & Index

Independence from the UN – The United Nations (UN) is not a “world government”,
and has no authority for any type of “global governance”: The UN is prohibited to
interfere with self-determination of peoples or sovereignty of States (UN Charter,
Articles 1.2, 2.1, 2.7), and is liable for any of its own violations of international law and
rights (2012 Declaration on Rule of Law, Article 2). The UN is not a “world
parliament”, and has no authority to enact any form of “legislation”: The UN General
Assembly (GA) is only a forum for States to codify and declare general recognition of
rights and doctrines of international law (UN Charter, Article 13.1).

Reclaiming Law and Rights – The UN has no authority to “own” or “control”
international law: All the conventions actually belong to the Peoples of the Nations,
and the UN is only authorized to register and publish them (1969 Law of Treaties,
Articles 1(e), 76.1, 80; UN Charter, Article 102). Once a convention recognizes “rights”,
those “may not be revoked or modified” (1969 Law of Treaties, Articles 36.1, 37.2),
and “become binding upon” all States as “customary rules of international law” which
are “recognized” by that convention (Article 38). Therefore, all law and rights
evidenced in conventions belong to the People, and can be invoked by the People and
enforced by the Independent Judiciary, in perpetuity.

Words of Rights in Red – Operative words and phrases most effective for invoking and
enforcing Rights, which are the most used by Barristers and Judges, are printed in Red
font for ease of visual reference. Some key words may be underlined for emphasis.

Commentary in Green – [Expert commentary from Barristers and Judges may be
added in Green font, in Brackets, to guide effective use to assert and enforce rights.]



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Official Text of this Law Source as Ratified

Berne Convention for the Protection
of Literary and Artistic Works

Preamble

The countries of the Union, being equally animated by the desire to protect, in as
effective and uniform a manner as possible, the rights of authors in their literary and
artistic works;

Recognizing the importance of the work of the Revision Conference held at Stockholm
in 1967;

Have resolved to revise the Act adopted by the Stockholm Conference, while
maintaining without change Articles 1 to 20 and 22 to 26 of that Act.

Consequently, the undersigned Plenipotentiaries, having presented their full powers,
recognized as in good and due form, have agreed as follows:


Article 1

Establishment of a Union

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



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Article 2

Protected Works

1.
Literary and Artistic Works – The expression “literary and artistic works” shall
include every production in the literary, scientific and artistic domain, whatever may
be the mode or form of its expression, such as books, pamphlets and other writings;
lectures, addresses, sermons and other works of the same nature; dramatic or
dramatico-musical works; choreographic works and entertainments in dumb show;
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 and lithography; photographic
works to which are assimilated works expressed by a process analogous to
photography; works of applied art; illustrations, maps, plans, sketches and three-
dimensional works relative to geography, topography, architecture or science.

2. Possible Requirement of Fixation – It shall, however, be a matter for legislation
in the countries of the Union to prescribe that works in general or any specified
categories of works shall not be protected unless they have been fixed in some
material form.

3. Derivative Works – Translations, adaptations, arrangements of music and other
alterations of a literary or artistic work shall be protected as original works without
prejudice to the copyright in the original work.

4. Official Texts – It shall be a matter for legislation in the countries of the Union
to determine the protection to be granted to official texts of a legislative,
administrative and legal nature, and to official translations of such texts.

5. Collections – Collections of literary or artistic works such as encyclopaedias and
anthologies which, by reason of the selection and arrangement of their contents,
constitute intellectual creations shall be protected as such, without prejudice to the
copyright in each of the works forming part of such collections.

6. Obligation to Protect; Beneficiaries of Protection – The works mentioned in this
Article shall enjoy protection in all countries of the Union. This protection shall
operate for the benefit of the author and his successors in title.

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7. Works of Applied Art and Industrial Designs – Subject to the provisions of
Article 7(4) of this Convention, it shall be a matter for legislation in the countries of the
Union to determine the extent of the application of their laws to works of applied art
and industrial designs and models, as well as the conditions under which such works,
designs and models shall be protected. Works protected in the country of origin solely
as designs and models shall be entitled in another country of the Union only to such
special protection as is granted in that country to designs and models; however, if no
such special protection is granted in that country, such works shall be protected as
artistic works.

8. News – The protection of this Convention shall not apply to news of the day or
to miscellaneous facts having the character of mere items of press information.

Article 2-bis (2nd Part)

Possible Limitation of Protection of Certain Works

1. Certain Speeches – It shall be a matter for legislation in the countries of the
Union to exclude, wholly or in part, from the protection provided by the preceding
Article political speeches and speeches delivered in the course of legal proceedings.

2. Certain Uses of Lectures and Addresses – It shall also be a matter for legislation
in the countries of the Union to determine the conditions under which lectures,
addresses and other works of the same nature which are delivered in public may be
reproduced by the press, broadcast, communicated to the public by wire and made
the subject of public communication as envisaged in Article 11-bis (1) of this
Convention, when such use is justified by the informatory purpose.

3. Right to Make Collections of Such Works – Nevertheless, the author shall enjoy
the exclusive right of making a collection of his works mentioned in the preceding
paragraphs.

Article 3

Criteria of Eligibility for Protection

1. Nationality of Author; Place of Publication of Work – The protection of this
Convention shall apply to:

(a) authors who are nationals of one of the countries of the Union, for their
works, whether published or not;

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(b) authors who are not nationals of one of the countries of the Union, for
their works first published in one of those countries, or simultaneously in a country
outside the Union and in a country of the Union.

2. Residence of Author – 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 nationals of that country.

3. Published Works – The expression “published works” means works published
with the consent of their authors, whatever may be the means of manufacture of the
copies, provided that the availability of such copies has been such as to satisfy the
reasonable requirements of the public, having regard to the nature of the work. The
performance of a dramatic, dramatico-musical, cinematographic or musical work, the
public recitation of a literary work, the communication by wire or the broadcasting of
literary or artistic works, the exhibition of a work of art and the construction of a work
of architecture shall not constitute publication.

4.
Simultaneously Published Works – A work shall be considered as having been
published simultaneously in several countries if it has been published in two or more
countries within thirty days of its first publication.

Article 4

Criteria of Eligibility for Protection of Cinematographic Works,
Works of Architecture and Certain Artistic Works

The protection of this Convention shall apply, even if the conditions of Article 3 are not
fulfilled, to:

(a) authors of cinematographic works the maker of which has his headquarters or
habitual residence in one of the countries of the Union;

(b) authors of works of architecture erected in a country of the Union or of other
artistic works incorporated in a building or other structure located in a country of the
Union.



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Article 5

Rights Guaranteed

1. Outside the Country of Origin – Authors shall enjoy, in respect of works for
which they are protected under this Convention, in countries of the Union other than
the country of origin, the rights which their respective laws do now or may hereafter
grant to their nationals, as well as the rights specially granted by this Convention.

2.
The enjoyment and the exercise of these rights shall not be subject to any
formality; such enjoyment and such exercise shall be independent of the existence of
protection in the country of origin of the work. Consequently, apart from the
provisions of this Convention, the extent of protection, as well as the means of redress
afforded to the author to protect his rights, shall be governed exclusively by the laws
of the country where protection is claimed.

3.
In the Country of Origin – Protection in the country of origin is governed by
domestic law. However, when the author is not a national of the country of origin of
the work for which he is protected under this Convention, he shall enjoy in that
country the same rights as national authors.

4. Country of Origin – The country of origin shall be considered to be:

(a)
in the case of works first published in a country of the Union, that
country; in the case of works published simultaneously in several countries of the
Union which grant different terms of protection, the country whose legislation grants
the shortest term of protection;

(b)
in the case of works published simultaneously in a country outside the
Union and in a country of the Union, the latter country;

(c)
in the case of unpublished works or of works first published 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, provided that:

(i) when these are cinematographic works the maker of which has his
headquarters or his habitual residence in a country of the Union, the country of
origin shall be that country, and

(ii) when these are works of architecture erected in a country of the
Union or other artistic works incorporated in a building or other structure
located in a country of the Union, the country of origin shall be that country.
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Article 6

Possible Restriction of Protection in Respect of Certain Works
of Nationals of Certain Countries Outside the Union

1.
In the Country of the First Publication and in Other Countries – Where any
country outside the Union fails to protect in an adequate manner the works of authors
who are nationals of one of the countries of the Union, the latter country may restrict
the protection given to the works of authors who are, at the date of the first
publication thereof, nationals of the other country and are not habitually resident in
one of the countries of the Union. If the country of first publication avails itself of this
right, the other countries of the Union shall not be required to grant to works thus
subjected to special treatment a wider protection than that granted to them in the
country of first publication.

2. No Retroactivity – No restrictions introduced by virtue of the preceding
paragraph shall affect the rights which an author may have acquired in respect of a
work published in a country of the Union before such restrictions were put into force.

3. Notice – The countries of the Union which restrict the grant of copyright in
accordance with this Article shall give notice thereof to the Director General of the
World Intellectual Property Organization (hereinafter designated as “the Director
General”) by a written declaration specifying the countries in regard to which
protection is restricted, and the restrictions to which rights of authors who are
nationals of those countries are subjected. The Director General shall immediately
communicate this declaration to all the countries of the Union.

Article 6-bis (2nd Part)

Moral Rights

1.
To Claim Authorship; To Object to Certain Modifications and Other Derogatory
Actions – Independently of the author's economic rights, and even after the transfer
of the said rights, the author shall have the right to claim authorship of the work and
to object to any distortion, mutilation or other modification of, or other derogatory
action in relation to, the said work, which would be prejudicial to his honor or
reputation.

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2. After the Author’s Death – The rights granted to the author in accordance with
the preceding paragraph shall, after his death, be maintained, at least until the expiry
of the economic rights, and shall be exercisable by the persons or institutions
authorized by the legislation of the country where protection is claimed. However,
those countries whose legislation, at the moment of their ratification of or accession
to this Act, does not provide for the protection after the death of the author of all the
rights set out in the preceding paragraph may provide that some of these rights may,
after his death, cease to be maintained.

3. Means of Redress – The means of redress for safeguarding the rights granted by
this Article shall be governed by the legislation of the country where protection is
claimed.

Article 7

Term of Protection

1. Generally – The term of protection granted by this Convention shall be the life
of the author and fifty years after his death.

2.
For Cinematographic Works – However, in the case of cinematographic works,
the countries of the Union may provide that the term of protection shall expire fifty
years after the work has been made available to the public with the consent of the
author, or, failing such an event within fifty years from the making of such a work, fifty
years after the making.

3.
For Anonymous and Pseudonymous Works – In the case of anonymous or
pseudonymous works, the term of protection granted by this Convention shall expire
fifty 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 shall be that provided in paragraph (1). If the author of an
anonymous or pseudonymous work discloses his identity during the above-mentioned
period, the term of protection applicable shall be that provided in paragraph (1). The
countries of the Union shall not be required to protect anonymous or pseudonymous
works in respect of which it is reasonable to presume that their author has been dead
for fifty years.

4.
For Photographic Works and Works of Applied Art – It shall be a matter for
legislation in the countries of the Union to determine the term of protection of
photographic works and that of works of applied art in so far as they are protected as
artistic works; however, this term shall last at least until the end of a period of twenty-
five years from the making of such a work.

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5.
Starting Date of Computation – The term of protection subsequent to the death
of the author and the terms provided by paragraphs (2), (3) and (4) shall run from the
date of death or of the event referred to in those paragraphs, but such terms shall
always be deemed to begin on the first of January of the year following the death or
such event.

6.
Longer Terms – The countries of the Union may grant a term of protection in
excess of those provided by the preceding paragraphs.

7.
Shorter Terms – Those countries of the Union bound by the Rome Act of this
Convention which grant, in their national legislation in force at the time of signature of
the present Act, shorter terms of protection than those provided for in the preceding
paragraphs shall have the right to maintain such terms when ratifying or acceding to
the present Act.

8. Applicable Law; Comparison of Terms – In any case, the term shall be governed
by the legislation of the country where protection is claimed; however, unless the
legislation of that country otherwise provides, the term shall not exceed the term fixed
in the country of origin of the work.

Article 7-bis (2nd Part)

Term of Protection for Works of Joint Authorship

The provisions of the preceding Article shall also apply in the case of a work of joint
authorship, provided that the terms measured from the death of the author shall be
calculated from the death of the last surviving author.

Article 8

Right of Translation

Authors of literary and artistic works protected by this Convention shall enjoy the
exclusive right of making and of authorizing the translation of their works throughout
the term of protection of their rights in the original works.



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Article 9

Right of Reproduction

1. Generally – Authors of literary and artistic works protected by this Convention
shall have the exclusive right of authorizing the reproduction of these works, in any
manner or form.

2. Possible Exceptions – It shall be a matter for legislation in the countries of the
Union to permit the reproduction of such works in certain special cases, provided that
such reproduction does not conflict with a normal exploitation of the work and does
not unreasonably prejudice the legitimate interests of the author.

3.
Sound and Visual Recordings – Any sound or visual recording shall be
considered as a reproduction for the purposes of this Convention.

Article 10

Certain Free Uses of Works

1. Quotations – It shall be permissible to make quotations from a work which has
already been lawfully made available to the public, provided that their making is
compatible with fair practice, and their extent does not exceed that justified by the
purpose, including quotations from newspaper articles and periodicals in the form of
press summaries.

2.
Illustrations for Teaching – It shall be a matter for legislation in the countries of
the Union, and for special agreements existing or to be concluded between them, to
permit the utilization, to the extent justified by the purpose, of literary or artistic
works by way of illustration in publications, broadcasts or sound or visual recordings
for teaching, provided such utilization is compatible with fair practice.

3.
Indication of Source and Author – Where use is made of works in accordance
with the preceding paragraphs of this Article, mention shall be made of the source,
and of the name of the author if it appears thereon.



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Article 10-bis (2nd Part)

Further Possible Free Uses of Works

1. Of Certain Articles and Broadcast Works – It shall be a matter for legislation in
the countries of the Union to permit the reproduction by the press, the broadcasting
or the communication to the public by wire of articles published in newspapers or
periodicals on current economic, political or religious topics, and of broadcast works of
the same character, in cases in which the reproduction, broadcasting or such
communication thereof is not expressly reserved. Nevertheless, the source must
always be clearly indicated; the legal consequences of a breach of this obligation shall
be determined by the legislation of the country where protection is claimed.

2. Of Works Seen or Heard in Connection with Current Events – It shall also be a
matter for legislation in the countries of the Union to determine the conditions under
which, for the purpose of reporting current events by means of photography,
cinematography, broadcasting or communication to the public by wire, literary or
artistic works seen or heard in the course of the event may, to the extent justified by
the informatory purpose, be reproduced and made available to the public.

Article 11

Certain Rights in Dramatic and Musical Works

1. Right of Public Performance and of Communication to the Public of a
Performance – Authors of dramatic, dramatico-musical and musical works shall enjoy
the exclusive right of authorizing:

(i)
the public performance of their works, including such public performance
by any means or process;

(ii) any communication to the public of the performance of their works.

2.
In Respect of Translations – Authors of dramatic or dramatico-musical works
shall enjoy, during the full term of their rights in the original works, the same rights
with respect to translations thereof.



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Article 11-bis (2nd Part)

Broadcasting and Related Rights

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

(i) Broadcasting and Other Wireless Communications – the broadcasting of
their works or the communication thereof to the public by any other means of
wireless diffusion of signs, sounds or images;

(ii) Public Communication of Broadcast by Wire or Rebroadcast – any
communication to the public by wire or by rebroadcasting of the broadcast of the
work, when this communication is made by an organization other than the original
one;

(iii) Public Communication of Broadcast by Loudspeaker or Analogous
Instruments – the public communication by loudspeaker or any other analogous
instrument transmitting, by signs, sounds or images, the broadcast of the work.

2. Compulsory Licenses – It shall be a matter for legislation in the countries of the
Union to determine the conditions under which the rights mentioned in the preceding
paragraph may be exercised, but these conditions shall apply only in the countries
where they have been prescribed. They shall not in any circumstances be prejudicial
to the moral rights of the author, nor to his right to obtain equitable remuneration
which, in the absence of agreement, shall be fixed by competent authority.

3. Recording; Ephemeral Recordings – In the absence of any contrary stipulation,
permission granted in accordance with paragraph (1) of this Article shall not imply
permission to record, by means of instruments recording sounds or images, the work
broadcast. It shall, however, be a matter for legislation in the countries of the Union
to determine the regulations for ephemeral recordings made by a broadcasting
organization by means of its own facilities and used for its own broadcasts. The
preservation of these recordings in official archives may, on the ground of their
exceptional documentary character, be authorized by such legislation.



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Article 11-ter (3rd Part)

Certain Rights in Literary Works

1. Right of Public Recitation and of Communication to the Public of a Recitation –
Authors of literary works shall enjoy the exclusive right of authorizing:

(i)
the public recitation of their works, including such public recitation by any
means or process;

(ii) any communication to the public of the recitation of their works.

2.
In Respect of Translations – Authors of literary works shall enjoy, during the full
term of their rights in the original works, the same rights with respect to translations
thereof.

Article 12

Right of Adaptation, Arrangement and Other Alteration

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

Article 13

Possible Limitation of the Right of Recording of
Musical Works and Any Words Pertaining Thereto

1. Compulsory Licenses – Each country of the Union may impose for itself
reservations and conditions on the exclusive right granted to the author of a musical
work and to the author of any words, the recording of which together with the musical
work has already been authorized by the latter, to authorize the sound recording of
that musical work, together with such words, if any; but all such reservations and
conditions shall apply only in the countries which have imposed them and shall not, in
any circumstances, be prejudicial to the rights of these authors to obtain equitable
remuneration which, in the absence of agreement, shall be fixed by competent
authority.

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2.
Transitory Measures – Recordings of musical works made in a country of the
Union in accordance with Article 13(3) of the Conventions signed at Rome on
June 2, 1928, and at Brussels on June 26, 1948, may be reproduced in that country
without the permission of the author of the musical work until a date two years after
that country becomes bound by this Act.

3.
Seizure on Importation of Copies Made Without the Author’s Permission –
Recordings made in accordance with paragraphs (1) and (2) of this Article and
imported without permission from the parties concerned into a country where they
are treated as infringing recordings shall be liable to seizure.

Article 14

Cinematographic and Related Rights

1.
Authors of literary or artistic works shall have the exclusive right of authorizing:

(i)
the cinematographic adaptation and reproduction of these works, and the
distribution of the works thus adapted or reproduced;

(ii)
the public performance and communication to the public by wire of the
works thus adapted or reproduced.

2.
The adaptation into any other artistic form of a cinematographic production
derived from literary or artistic works shall, without prejudice to the authorization of
the author of the cinematographic production, remain subject to the authorization of
the authors of the original works.

3.
The provisions of Article 13(1) shall not apply.

Article 14-bis (2nd Part)

Special Provisions Concerning Cinematographic Works

1. Assimilation to Original Works – Without prejudice to the copyright in any work
which may have been adapted or reproduced, a cinematographic work shall be
protected as an original work. The owner of copyright in a cinematographic work shall
enjoy the same rights as the author of an original work, including the rights referred to
in the preceding Article.

2. Ownership; Limitation of Certain Rights of Certain Contributors

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(a) Ownership of copyright in a cinematographic work shall be a matter for
legislation in the country where protection is claimed.

(b) However, in the countries of the Union which, by legislation, include among the
owners of copyright in a cinematographic work authors who have brought
contributions to the making of the work, such authors, if they have undertaken to
bring such contributions, may not, in the absence of any contrary or special
stipulation, object
to
the
reproduction, distribution, public performance,
communication to the public by wire, broadcasting or any other communication to the
public, or to the subtitling or dubbing of texts, of the work.

(c)
The question whether or not the form of the undertaking referred to above
should, for the application of the preceding subparagraph (b), be in a written
agreement or a written act of the same effect shall be a matter for the legislation of
the country where the maker of the cinematographic work has his headquarters or
habitual residence. However, it shall be a matter for the legislation of the country of
the Union where protection is claimed to provide that the said undertaking shall be in
a written agreement or a written act of the same effect. The countries whose
legislation so provides shall notify the Director General by means of a written
declaration, which will be immediately communicated by him to all the other countries
of the Union.

(d) By “contrary or special stipulation” is meant any restrictive condition which is
relevant to the aforesaid undertaking.

3. Certain Other Contributors – Unless the national legislation provides to the
contrary, the provisions of paragraph (2)(b) above shall not be applicable to authors of
scenarios, dialogues and musical works created for the making of the cinematographic
work, or to the principal director thereof. However, those countries of the Union
whose legislation does not contain rules providing for the application of the said
paragraph (2)(b) to such director shall notify the Director General by means of a
written declaration, which will be immediately communicated by him to all the other
countries of the Union.

Article 14-ter (3rd Part)

“Droit de Suite” in Works of Art and Manuscripts

1. Right to an Interest in Resales – The author, or after his death the persons or
institutions authorized by national legislation, shall, with respect to original works of
art and original manuscripts of writers and composers, enjoy the inalienable right to
an interest in any sale of the work subsequent to the first transfer by the author of the
work.
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2. Applicable Law – The protection provided by the preceding paragraph may be
claimed in a country of the Union only if legislation in the country to which the author
belongs so permits, and to the extent permitted by the country where this protection
is claimed.

3. Procedure – The procedure for collection and the amounts shall be matters for
determination by national legislation.

Article 15

Right to Enforce Protected Rights

1. Where author's name is indicated or where pseudonym leaves no doubt as to
author's identity – In order that the author of a literary or artistic work protected by
this Convention shall, in the absence of proof to the contrary, be regarded as such, and
consequently be entitled to institute infringement proceedings in the countries of the
Union, it shall be sufficient for his name to appear on the work in the usual manner.
This paragraph shall be applicable even if this name is a pseudonym, where the
pseudonym adopted by the author leaves no doubt as to his identity.

2.
In the case of cinematographic works – The person or body corporate whose
name appears on a cinematographic work in the usual manner shall, in the absence of
proof to the contrary, be presumed to be the maker of the said work.

3.
In the case of anonymous and pseudonymous works – In the case of
anonymous and pseudonymous works, other than those referred to in paragraph (1)
above, the publisher whose name appears on the work shall, in the absence of proof
to the contrary, be deemed to represent the author, and in this capacity he shall be
entitled to protect and enforce the author's rights. The provisions of this paragraph
shall cease to apply when the author reveals his identity and establishes his claim to
authorship of the work.

4.
In the case of certain unpublished works of unknown authorship

(a)
In the case of unpublished works where the identity of the author is unknown,
but where there is every ground to presume that he is a national of a country of the
Union, it shall be a matter for legislation in that country to designate the competent
authority which shall represent the author and shall be entitled to protect and enforce
his rights in the countries of the Union.

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(b) Countries of the Union which make such designation under the terms of this
provision shall notify the Director General by means of a written declaration giving full
information concerning the authority thus designated. The Director General shall at
once communicate this declaration to all other countries of the Union.

Article 16

Infringing Copies

1.
Seizure – Infringing copies of a work shall be liable to seizure in any country of
the Union where the work enjoys legal protection.

2.
Seizure on Importation – The provisions of the preceding paragraph shall also
apply to reproductions coming from a country where the work is not protected, or has
ceased to be protected.

3. Applicable Law – The seizure shall take place in accordance with the legislation
of each country.

Article 17

Possibility of Control of Circulation
Presentation and Exhibition of Works

The provisions of this Convention cannot in any way affect the right of the
Government of each country of the Union to permit, to control, or to prohibit, by
legislation or regulation, the circulation, presentation, or exhibition of any work or
production in regard to which the competent authority may find it necessary to
exercise that right.

Article 18

Works Existing on Convention's Entry Into Force

1. Protectable Where Protection Not Yet Expired in Country of Origin – This
Convention shall apply to all works which, at the moment of its coming into force,
have not yet fallen into the public domain in the country of origin through the expiry
of the term of protection.

2. Non-Protectable Where Protection Already Expired in Country Where it is
Claimed – If, however, through the expiry of the term of protection which was
previously granted, a work has fallen into the public domain of the country where
protection is claimed, that work shall not be protected anew.
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3. Application of These Principles – The application of this principle shall be
subject to any provisions contained in special conventions to that effect existing or to
be concluded between countries of the Union. In the absence of such provisions, the
respective countries shall determine, each in so far as it is concerned, the conditions of
application of this principle.

4.
Special Cases – The preceding provisions shall also apply in the case of new
accessions to the Union and to cases in which protection is extended by the
application of Article 7 or by the abandonment of reservations.

Article 19

Protection Greater than Resulting from Convention

The provisions of this Convention shall not preclude the making of a claim to the
benefit of any greater protection which may be granted by legislation in a country of
the Union.

Article 20

Special Agreements Among Countries of the Union

The Governments of the countries of the Union reserve the right to enter into special
agreements among themselves, in so far as such agreements grant to authors more
extensive rights than those granted by the Convention, or contain other provisions not
contrary to this Convention. The provisions of existing agreements which satisfy these
conditions shall remain applicable.

Article 21

Special Provisions Regarding Developing Countries

1.
Special provisions regarding developing countries are included in the Appendix.

2.
Subject to the provisions of Article 28(1)(b), the Appendix forms an integral part
of this Act.



20


Article 22

Assembly

1. Constitution and Composition

(a) The Union shall have an Assembly consisting of those countries of the
Union which are bound by Articles 22 to 26.

(b) The Government of each country 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.

2.
Tasks

(a) The Assembly shall:

(i)
deal with all matters concerning the maintenance and development
of the Union and the implementation of this Convention;

(ii) give directions concerning the preparation for conferences of
revision to the International Bureau of Intellectual Property (hereinafter
designated as “the International Bureau”) referred to in the Convention
Establishing the World
Intellectual Property Organization (hereinafter
designated as “the Organization”), due account being taken of any comments
made by those countries of the Union which are not bound by Articles 22 to 26;

(iii) review and approve the reports and activities of the Director
General of the Organization concerning the Union, and give him all necessary
instructions concerning matters within the competence of the Union;

(iv) elect the members of the Executive Committee of the Assembly;

(v)
review and approve the reports and activities of its Executive
Committee, and give instructions to such Committee;

(vi) determine the program and adopt the biennial budget of the
Union, and approve its final accounts;

(vii) adopt the financial regulations of the Union;
21


(viii) establish such committees of experts and working groups as may
be necessary for the work of the Union;

(ix) determine which countries not members of the Union and which
intergovernmental and international non-governmental organizations shall be
admitted to its meetings as observers;

(x)
adopt amendments to Articles 22 to 26;

(xi) take any other appropriate action designed to further the
objectives of the Union;

(xii) exercise such other functions as are appropriate under this
Convention;

(xiii) subject to its acceptance, exercise such rights as are given to it in
the Convention establishing the Organization.

(b) With respect to matters which are of interest also to other Unions
administered by the Organization, the Assembly shall make its decisions after having
heard the advice of the Coordination Committee of the Organization.

3. Quorum, Voting, Observers

(a) Each country member of the Assembly shall have one vote.

(b) One-half of the countries members of the Assembly shall constitute a
quorum.

(c) Notwithstanding the provisions of subparagraph (b), if, in any session, the
number of countries represented is less than one-half but equal to or more than one-
third of the countries members of the Assembly, the Assembly may make decisions
but, with the exception of decisions concerning its own procedure, all such decisions
shall take effect only if the following conditions are fulfilled. The International Bureau
shall communicate the said decisions to the countries members of the Assembly which
were not represented and shall invite them to express in writing their vote or
abstention within a period of three months from the date of the communication. If, at
the expiration of this period, the number of countries having thus expressed their vote
or abstention attains the number of countries which was lacking for attaining the
quorum in the session itself, such decisions shall take effect provided that at the same
time the required majority still obtains.

22

(d) Subject to the provisions of Article 26(2), the decisions of the Assembly
shall require two-thirds of the votes cast.

(e) Abstentions shall not be considered as votes.

(f)
A delegate may represent, and vote in the name of, one country only.

(g) Countries of the Union not members of the Assembly shall be admitted to
its meetings as observers.

4. Convocation

(a) The Assembly shall meet once in every second calendar year in ordinary
session upon convocation by the Director General and, in the absence of exceptional
circumstances, during the same period and at the same place as the General Assembly
of the Organization.

(b) The Assembly shall meet in extraordinary session upon convocation by
the Director General, at the request of the Executive Committee or at the request of
one-fourth of the countries members of the Assembly.

5. Rules of Procedure – The Assembly shall adopt its own rules of procedure.

Article 23

Executive Committee

1. Constitution – The Assembly shall have an Executive Committee.

2. Composition

(a) The Executive Committee shall consist of countries elected by the
Assembly from among countries members of the Assembly. Furthermore, the country
on whose territory the Organization has its headquarters shall, subject to the
provisions of Article 25(7)(b), have an ex officio seat on the Committee.

(b) The Government of each country member 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.

23

3. Number of Members – The number of countries members of the Executive
Committee shall correspond to one-fourth of the number of countries members of the
Assembly. In establishing the number of seats to be filled, remainders after division by
four shall be disregarded.

4. Geographical Distribution – In electing the members of the Executive
Committee, the Assembly shall have due regard to an equitable geographical
distribution and to the need for countries party to the Special Agreements which
might be established in relation with the Union to be among the countries constituting
the Executive Committee.

5.
Term, Limits of Re-elegibility, Rules of Election

(a) Each member of the Executive Committee shall serve from the close of
the session of the Assembly which elected it to the close of the next ordinary session
of the Assembly.

(b) Members of the Executive Committee may be re-elected, but not more
than two-thirds of them.

(c)
The Assembly shall establish the details of the rules governing the
election and possible re-election of the members of the Executive Committee.

6.
Tasks

(a) The Executive Committee shall:

(i)
prepare the draft agenda of the Assembly;

(ii)
submit proposals to the Assembly respecting the draft program and
biennial budget of the Union prepared by the Director General;

(iii) [deleted]

(iv) submit, with appropriate comments, to the Assembly the periodical
reports of the Director General and the yearly audit reports on the accounts;

(v)
in accordance with the decisions of the Assembly and having regard
to circumstances arising between two ordinary sessions of the Assembly, take
all necessary measures to ensure the execution of the program of the Union by
the Director General;

24

(vi) perform such other functions as are allocated to it under this
Convention.

(b) With respect to matters which are of interest also to other Unions
administered by the Organization, the Executive Committee shall make its decisions
after having heard the advice of the Coordination Committee of the Organization.

7. Convocation

(a) The Executive Committee shall meet once a year in ordinary session upon
convocation by the Director General, preferably 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 his own initiative, or at the request of
its Chairman or one-fourth of its members.

8. Quorum, Voting

(a) Each country member 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 made by a simple majority of the votes cast.

(d) Abstentions shall not be considered as votes.

(e) A delegate may represent, and vote in the name of, one country only.

9. Observers – Countries of the Union not members of the Executive Committee
shall be admitted to its meetings as observers.

10. Rules of Procedure – The Executive Committee shall adopt its own rules of
procedure.



25


Article 24

International Bureau

1.
Tasks in General, Director General

(a) The administrative tasks with respect to the Union shall be performed by
the International Bureau, which is a continuation of the Bureau of the Union united
with the Bureau of the Union established by the International Convention for the
Protection of Industrial Property.

(b)
In particular, the International Bureau shall provide the secretariat of the
various organs of the Union.

(c)
The Director General of the Organization shall be the chief executive of
the Union and shall represent the Union.

2. General Information – The International Bureau shall assemble and publish
information concerning the protection of copyright. Each country of the Union shall
promptly communicate to the International Bureau all new laws and official texts
concerning the protection of copyright.

3. Periodical – The International Bureau shall publish a monthly periodical.

4.
Information to Countries – The International Bureau shall, on request, furnish
information to any country of the Union on matters concerning the protection of
copyright.

5.
Studies and Services – The International Bureau shall conduct studies, and shall
provide services, designed to facilitate the protection of copyright.

6. Participation in Meetings – 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 these bodies.

7. Conferences of Revision

26

(a) The International Bureau shall, in accordance with the directions of the
Assembly and in cooperation with the Executive Committee, make the preparations
for the conferences of revision of the provisions of the Convention other than
Articles 22 to 26.

(b) The International Bureau may consult with intergovernmental and
international
non-governmental
organizations
concerning
preparations
for
conferences of revision.

(c)
The Director General and persons designated by him shall take part,
without the right to vote, in the discussions at these conferences.

8. Other Tasks – The International Bureau shall carry out any other tasks assigned
to it.

Article 25

Finances

1. Budget

(a) The Union shall have a budget.

(b)
The budget of the Union shall include the income and expenses proper to
the Union, its contribution to the budget of expenses common to the Unions, and,
where applicable, the sum made available to the budget of the Conference of the
Organization.

(c)
Expenses not attributable exclusively 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 share of the Union in such common expenses shall be in
proportion to the interest the Union has in them.

2. Coordination with Other Unions – The budget of the Union shall be established
with due regard to the requirements of coordination with the budgets of the other
Unions administered by the Organization.

3. Resources – The budget of the Union shall be financed from the following
sources:

(i)
contributions of the countries of the Union;

27

(ii)
fees and charges due for services performed by the International Bureau
in relation to the Union;

(iii)
sale of, or royalties on, the publications of the International Bureau
concerning the Union;

(iv) gifts, bequests, and subventions;

(v)
rents, interests, and other miscellaneous income.

4. Contributions

(a) For the purpose of establishing 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 already done so, each country shall indicate, concurrently
with depositing its instrument of ratification or accession, the class to which it wishes
to belong. Any country may change class. If it chooses a lower class, the country must
announce it to the Assembly at one of its ordinary sessions. Any such change shall take
effect at the beginning of the calendar year following the session.

(c)
The annual contribution of each country shall be an amount in the same
proportion to the total sum to be contributed to the annual budget of the Union by all
countries as the number of its units is to the total of the units of all contributing
countries.

(d) Contributions shall become due on the first of January of each year.

(e) A country which is in arrears in the payment of its contributions shall have
no vote in any of the organs of the Union of which it is a member if the amount of its
arrears equals or exceeds the amount of the contributions due from it for the
preceding two full years. However, any organ of the Union may allow such a country
to continue to exercise its vote in that organ if, and as long as, it is satisfied that the
delay in payment is due to exceptional and unavoidable circumstances.
28


(f)
If the budget is not adopted before the beginning of a new financial
period, it shall be at the same level as the budget of the previous year, in accordance
with the financial regulations.

5.
Fees and Charges – The amount of the fees and charges due for services
rendered by the International Bureau in relation to the Union shall be established, and
shall be reported to the Assembly and the Executive Committee, by the Director
General.

6. Working Capital Fund

(a) The Union shall have a working capital fund which shall be constituted by
a single payment made by each country of the Union. If the fund becomes insufficient,
an increase shall be decided by the Assembly.

(b) The amount of the initial payment of each country to the said fund or of
its participation in the increase thereof shall be a proportion of the contribution of
that country for the year in which the fund is established or the increase decided.

(c)
The proportion and the terms of payment shall be fixed by the Assembly
on the proposal of the Director General and after it has heard the advice of the
Coordination Committee of the Organization.

7. Advances by Host Government

(a)
In the headquarters agreement concluded with the country on the
territory of which the Organization has its headquarters, it shall be provided that,
whenever the working capital fund is insufficient, such country shall grant advances.
The amount of these advances and the conditions on which they are granted shall be
the subject of separate agreements, in each case, between such country and the
Organization. As long as it remains under the obligation to grant advances, such
country shall have an ex officio seat on the Executive Committee.

(b) The country referred to in subparagraph (a) and the Organization shall
each have the right to denounce the obligation to grant advances, by written
notification. Denunciation shall take effect three years after the end of the year in
which it has been notified.

8. Auditing of Accounts – The auditing of the accounts shall be effected by one or
more of the countries of the Union or by external auditors, as provided in the financial
regulations. They shall be designated, with their agreement, by the Assembly.

29

Article 26

Amendments

1. Provisions Susceptible of Amendment – Proposals for the amendment of
Articles 22, 23, 24, 25, and the present Article, may be initiated by any country
member of the Assembly, by the Executive Committee, or by the Director General.
Such proposals shall be communicated by the Director General to the member
countries of the Assembly at least six months in advance of their consideration by the
Assembly.

2. Adoption – Amendments to the Articles referred to in paragraph (1) shall be
adopted by the Assembly. Adoption shall require three-fourths of the votes cast,
provided that any amendment of Article 22, and of the present paragraph, shall
require four-fifths of the votes cast.

3.
Entry Into Force – Any amendment to the Articles referred to in paragraph (1)
shall enter into force one month after written notifications of acceptance, effected in
accordance with their respective constitutional processes, have been received by the
Director General from three-fourths of the countries members of the Assembly at the
time it adopted the amendment. Any amendment to the said Articles thus accepted
shall bind all the countries which are members of the Assembly at the time the
amendment enters into force, or which become members thereof at a subsequent
date, provided that any amendment increasing the financial obligations of countries of
the Union shall bind only those countries which have notified their acceptance of such
amendment.

Article 27

Revision

1.
This Convention shall be submitted to revision with a view to the introduction of
amendments designed to improve the system of the Union.

2.
For this purpose, conferences shall be held successively in one of the countries
of the Union among the delegates of the said countries.

3.
Subject to the provisions of Article 26 which apply to the amendment of
Articles 22 to 26, any revision of this Act, including the Appendix, shall require the
unanimity of the votes cast.



30


Article 28

Acceptance and Entry Into Force of Act for Countries of the Union

1. Ratification, Accession

(a) Any country of the Union which has signed this Act may ratify it, and, if it
has not signed it, may accede to it. Instruments of ratification or accession shall be
deposited with the Director General.

(b) Any country of the Union may declare in its instrument of ratification or
accession that its ratification or accession shall not apply to Articles 1 to 21 and the
Appendix, provided that, if such country has previously made a declaration under
Article VI(1) of the Appendix, then it may declare in the said instrument only that its
ratification or accession shall not apply to Articles 1 to 20.

(c) Any country of the Union which, in accordance with subparagraph (b), has
excluded provisions therein referred to from the effects of its ratification or accession
may at any later time declare that it extends the effects of its ratification or accession
to those provisions. Such declaration shall be deposited with the Director General.

2.
Entry Into Force

(a) Articles 1 to 21 and the Appendix shall enter into force three months after
both of the following two conditions are fulfilled:

(i)
at least five countries of the Union have ratified or acceded to this
Act without making a declaration under paragraph (1)(b),

(ii) France, Spain, the United Kingdom of Great Britain and Northern
Ireland, and the United States of America, have become bound by the Universal
Copyright Convention as revised at Paris on July 24, 1971.

(b) The entry into force referred to in subparagraph (a) shall apply to those
countries of the Union which, at least three months before the said entry into force,
have deposited instruments of ratification or accession not containing a declaration
under paragraph (1)(b).

31

(c) With respect to any country of the Union not covered by
subparagraph (b) and which ratifies or accedes to this Act without making a
declaration under paragraph (1)(b), Articles 1 to 21 and the Appendix shall enter into
force three months after the date on which the Director General has notified the
deposit of the relevant instrument of ratification or accession, unless a subsequent
date has been indicated in the instrument deposited. In the latter case, Articles 1 to 21
and the Appendix shall enter into force with respect to that country on the date thus
indicated.

(d) The provisions of subparagraphs (a) to (c) do not affect the application of
Article VI of the Appendix.

3. With respect to any country of the Union which ratifies or accedes to this Act
with or without a declaration made under paragraph (1)(b), Articles 22 to 38 shall
enter into force three months after the date on which the Director General has
notified the deposit of the relevant instrument of ratification or accession, unless a
subsequent date has been indicated in the instrument deposited. In the latter case,
Articles 22 to 38 shall enter into force with respect to that country on the date thus
indicated.

Article 29

Acceptance and Entry Into Force for Countries Outside the Union

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

2.
Entry Into Force

(a) Subject to subparagraph (b), this Convention shall enter into force with
respect to any country outside the Union three months after the date on which the
Director General has notified the deposit of its instrument of accession, unless a
subsequent date has been indicated in the instrument deposited. In the latter case,
this Convention shall enter into force with respect to that country on the date thus
indicated.

(b)
If the entry into force according to subparagraph (a) precedes the entry
into force of Articles 1 to 21 and the Appendix according to Article 28(2)(a), the said
country shall, in the meantime, be bound, instead of by Articles 1 to 21 and the
Appendix, by Articles 1 to 20 of the Brussels Act of this Convention.



32


Article 29-bis (2nd Part)

Effect of Acceptance of Act for the Purposes of
Article 14(2) of the WIPO Convention

Ratification of or accession to this Act by any country not bound by Articles 22 to of
the Stockholm Act of this Convention shall, for the sole purposes of Article 14(2) of the
Convention establishing the Organization, amount to ratification of or accession to the
said Stockholm Act with the limitation set forth in Article 28(1)(b)(i) thereof.

Article 30

Reservations

1.
Limits of Possibility of Making Reservations – Subject to the exceptions
permitted by paragraph (2) of this Article, by Article 28(1)(b), by Article 33(2), and by
the Appendix, ratification or accession shall automatically entail acceptance of all the
provisions and admission to all the advantages of this Convention.

2.
Earlier Reservations

(a) Any country of the Union ratifying or acceding to this Act may, subject to
Article V(2) of the Appendix, retain the benefit of the reservations it has previously
formulated on condition that it makes a declaration to that effect at the time of the
deposit of its instrument of ratification or accession.

(b) Any country outside the Union may declare, in acceding to this
Convention and subject to Article V(2) of the Appendix, that it intends to substitute,
temporarily at least, for Article 8 of this Act concerning the right of translation, the
provisions of Article 5 of the Union Convention of 1886, as completed at Paris in 1896,
on the clear understanding that the said provisions are applicable only to translations
into a language in general use in the said country. Subject to Article I(6)(b) of the
Appendix, any country has the right to apply, in relation to the right of translation of
works whose country of origin is a country availing itself of such a reservation, a
protection which is equivalent to the protection granted by the latter country.
(c) Any country may withdraw such reservations at any time by notification addressed
to the Director General.



33


Article 31

Applicability to Certain Territories

1. Declaration – Any country may declare in its instrument of ratification or
accession, or may inform the Director General by written notification at any time
thereafter, that this Convention shall be applicable to all or part of those territories,
designated in the declaration or notification, for the external relations of which it is
responsible.

2. Withdrawal of Declaration – Any country which has made such a declaration or
given such a notification may, at any time, notify the Director General that this
Convention shall cease to be applicable to all or part of such territories.

3.
Effective Date

(a) Any declaration made under paragraph (1) shall take effect on the same
date as the ratification or accession in which it was included, and any notification given
under that paragraph shall take effect three months after its notification by the
Director General.

(b) Any notification given under paragraph (2) shall take effect twelve
months after its receipt by the Director General.

4. Acceptance of Factual Situations Not Implied – This Article shall in no way be
understood as implying the recognition or tacit acceptance by a country of the Union
of the factual situation concerning a territory to which this Convention is made
applicable by another country of the Union by virtue of a declaration under
paragraph (1).

Article 32

Applicability of this Act and of Earlier Acts

1.
This Act shall, as regards relations between the countries of the Union, and to
the extent that it applies, replace the Berne Convention of September 9, 1886, and the
subsequent Acts of revision. The Acts previously in force shall continue to be
applicable, in their entirety or to the extent that this Act does not replace them by
virtue of the preceding sentence, in relations with countries of the Union which do not
ratify or accede to this Act.

34

2.
Countries outside the Union which become party to this Act shall, subject to
paragraph (3), apply it with respect to any country of the Union not bound by this Act
or which, although bound by this Act, has made a declaration pursuant to
Article 28(1)(b). Such countries recognize that the said country of the Union, in its
relations with them:

(i) may apply the provisions of the most recent Act by which it is bound, and

(ii)
subject to Article I(6) of the Appendix, has the right to adapt the
protection to the level provided for by this Act.

3.
Any country which has availed itself of any of the faculties provided for in the
Appendix may apply the provisions of the Appendix relating to the faculty or faculties
of which it has availed itself in its relations with any other country of the Union which
is not bound by this Act, provided that the latter country has accepted the application
of the said provisions.

Article 33

Disputes

1.
Jurisdiction of the International Court of Justice – Any dispute between two or
more countries of the Union concerning the interpretation or application of this
Convention, not settled by negotiation, may, by any one of the countries concerned,
be brought before the International Court of Justice by application in conformity with
the Statute of the Court, unless the countries concerned agree on some other method
of settlement. The country bringing the dispute before the Court shall inform the
International Bureau; the International Bureau shall bring the matter to the attention
of the other countries of the Union.

2. Reservation as to Such Jurisdiction – Each country may, at the time it signs this
Act or deposits its instrument of ratification or accession, declare that it does not
consider itself bound by the provisions of paragraph (1). With regard to any dispute
between such country and any other country of the Union, the provisions of
paragraph (1) shall not apply.

3. Withdrawal of Reservation – Any country having made a declaration in
accordance with the provisions of paragraph (2) may, at any time, withdraw its
declaration by notification addressed to the Director General.



35


Article 34

Closing of Certain Earlier Provisions

1.
Subject to Article 29bis, no country may ratify or accede to earlier Acts of this
Convention once Articles 1 to 21 and the Appendix have entered into force.

2.
Once Articles 1 to 21 and the Appendix have entered into force, no country may
make a declaration under Article 5 of the Protocol Regarding Developing Countries
attached to the Stockholm Act.

Article 35

Duration of the Convention; Denunciation

1.
This Convention shall remain in force without limitation as to time.

2.
Any country may denounce this Act by notification addressed to the Director
General. Such denunciation shall constitute also denunciation of all earlier Acts and
shall affect only the country making it, the Convention remaining in full force and
effect as regards 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 by this Article shall not be exercised by any
country before the expiration of five years from the date upon which it becomes a
member of the Union.

Article 36

Application of the Convention

1.
Any country party to this Convention undertakes to adopt, in accordance with
its constitution, the measures necessary to ensure the application of this Convention.

2.
It is understood that, at the time a country becomes bound by this Convention,
it will be in a position under its domestic law to give effect to the provisions of this
Convention.



36


Article 37

Final Clauses

1.
(a) This Act shall be signed in a single copy in the French and English
languages and, subject to paragraph (2), shall be deposited with the Director General.

(b) Official texts shall be established by the Director General, after
consultation with the interested Governments, in the Arabic, German, Italian,
Portuguese and Spanish languages, and such other languages as the Assembly may
designate.

(c)
In case of differences of opinion on the interpretation of the various texts,
the French text shall prevail.

2.
This Act shall remain open for signature until January 31, 1972. Until that date,
the copy referred to in paragraph (1)(a) shall be deposited with the Government of the
French Republic.

3.
The Director General shall certify and transmit two copies of the signed text of
this Act to the Governments of all countries of the Union and, on 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 signatures, deposits of instruments of ratification or accession and any declarations
included in such instruments or made pursuant to Articles 28(1)(c), 30(2)(a) and (b),
and 33(2), entry into force of any provisions of this Act, notifications of denunciation,
and notifications pursuant to Articles 30(2)(c), 31(1) and (2), 33(3), and 38(1), as well
as the Appendix.



37


Article 38

Transitory Provisions

1.
Countries of the Union which have not ratified or acceded to this Act and which
are not bound by Articles 22 to 26 of the Stockholm Act of this Convention may, until
April 26, 1975, exercise, if they so desire, the rights provided under the said Articles as
if they were bound by them. Any country desiring to exercise such rights shall give
written notification to this effect to the Director General; this notification shall be
effective on the date of its receipt. Such countries shall be deemed to be members of
the Assembly until the said date.

2.
As long as all the countries of the Union have not become Members of the
Organization, the International Bureau of the Organization shall also function as the
Bureau of the Union, and the Director General as the Director of the said Bureau.

3.
Once all the countries of the Union have become Members of the Organization,
the rights, obligations, and property, of the Bureau of the Union shall devolve on the
International Bureau of the Organization.