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BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS (Paris Text 1971)
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effect
[
Global Index
]
ARTICLE-14bis
[
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]
... (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
. ...
... (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
. ...
ARTICLE-18
[
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]
... (3) 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
. ...
ARTICLE-22
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]
... (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. ...
... (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. ...
ARTICLE-25
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]
... (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
. ...
... (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. ...
ARTICLE-28
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]
... (c) Any
country
of the
Union
which, in
accordance
with sub-paragraph (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
. ...
... (c) Any
country
of the
Union
which, in
accordance
with sub-paragraph (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
. ...
ARTICLE-30
[
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]
... (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
. ...
ARTICLE-31
[
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]
... (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
. ...
... (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
. ...
ARTICLE-35
[
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]
... (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
. ...
ARTICLE-36
[
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]
... (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
. ...
ARTICLE-38
[
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]
... (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
provid ed 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
. ...
ARTICLE-I
[
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]
... (5) Any
country
which is bound by the
provisions
of this
Act
and which has
deposited
a
declaration
or a
notification
in
accordance
with
Article
31
(1) with
respect
to the
application
of this
Act
to a particular
territory
, the
situation
of which can be regarded as analogous to that of the
countries
referred to in paragraph (1), may, in
respect
of such
territory
, make the
declaration
referred to in paragraph (1) and the
notification
of renewal referred to in paragraph (2). As long as such
declaration
or
notification
remains in
effect
, the
provisions
of this Appendix shall be applicable to the
territory
in
respect
of which it was made. ...
ARTICLE-IV
[
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]
... (2) If the
owner
of the
right
cannot be found, the
applicant
for a
license
shall send, by
registered
airmail,
copies
of his
application
, submitted to the
authority
competent
to
grant
the
license
, to the publisher whose
name
appears on the
work
and to any
national
or
international
information center
which may have been
designated
, in a
notification
to that
effect
deposited
with the
Director General
, by the
Government
of the
country
in which the publisher is believed to have his principal
place
of
business
. ...
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