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contracting party [Global Index]
... The Contracting Parties, ...
ARTICLE-1: Relation to the Berne Convention [go to this ARTICLE]
... (1) This Treaty is a special agreement within the meaning of
Article 20 of the Berne Convention for the Protection of Literary and Artistic
Works, as regards Contracting Parties that are countries of the Union established
by that Convention. This Treaty shall not have any connection with treaties
other than the Berne Convention, nor shall it prejudice any rights and obligations
under any other treaties. ...
... (2) Nothing in this Treaty shall derogate from existing obligations
that Contracting Parties have to each other under the Berne Convention for
the Protection of Literary and Artistic Works. ...
... (4) Contracting Parties shall comply with Articles 1 to 21 and
the Appendix of the Berne Convention. ...
ARTICLE-3: Application of Articles 2 to 6 of the Berne Convention [go to this ARTICLE]
... Contracting Parties shall apply mutatis mutandis the
provisions of Articles 2 to 6 of the Berne Convention in respect of the protection
provided for in this Treaty. ...
ARTICLE-6: Right of Distribution [go to this ARTICLE]
... (2) Nothing in this Treaty shall affect the freedom of Contracting
Parties to determine the conditions, if any, under which the exhaustion of
the right in paragraph (1) applies after the first sale or other transfer
of ownership of the original or a copy of the work with the authorization
of the author. ...
ARTICLE-7: Right of Rental [go to this ARTICLE]
... (iii) works embodied in phonograms, as determined in the national
law of Contracting Parties, ...
... (3) Notwithstanding the provisions of paragraph (1), a Contracting
Party that, on April 15, 1994, had and continues to have in force a system
of equitable remuneration of authors for the rental of copies of their works
embodied in phonograms may maintain that system provided that the commercial
rental of works embodied in phonograms is not giving rise to the material
impairment of the exclusive right of reproduction of authors. ...
ARTICLE-9: Duration of the Protection of Photographic Works [go to this ARTICLE]
... In respect of photographic works, the Contracting Parties shall
not apply the provisions of Article 7(4) of the Berne Convention. ...
ARTICLE-10: Limitations and Exceptions [go to this ARTICLE]
... (1) Contracting Parties may, in their national legislation,
provide for limitations of or exceptions to the rights granted to authors
of literary and artistic works under this Treaty in certain special cases
that do not conflict with a normal exploitation of the work and do not unreasonably
prejudice the legitimate interests of the author. ...
... (2) Contracting Parties shall, when applying the Berne Convention,
confine any limitations of or exceptions to rights provided for therein to
certain special cases that do not conflict with a normal exploitation of the
work and do not unreasonably prejudice the legitimate interests of the author.
...
ARTICLE-11: Obligations concerning Technological Measures [go to this ARTICLE]
... Contracting Parties shall provide adequate legal protection
and effective legal remedies against the circumvention of effective technological
measures that are used by authors in connection with the exercise of their
rights under this Treaty or the Berne Convention and that restrict acts, in
respect of their works, which are not authorized by the authors concerned
or permitted by law. ...
ARTICLE-12: Obligations concerning Rights Management Information [go to this ARTICLE]
... (1) Contracting Parties shall provide adequate and effective
legal remedies against any person knowingly performing any of the following
acts knowing, or with respect to civil remedies having reasonable grounds
to know, that it will induce, enable, facilitate or conceal an infringement
of any right covered by this Treaty or the Berne Convention: ...
ARTICLE-13: Application in Time [go to this ARTICLE]
... Contracting Parties shall apply the provisions of Article 18
of the Berne Convention to all protection provided for in this Treaty. ...
ARTICLE-14: Provisions on Enforcement of Rights [go to this ARTICLE]
... (1) Contracting Parties undertake to adopt, in accordance with
their legal systems, the measures necessary to ensure the application of this
Treaty. ...
... (2) Contracting Parties shall ensure that enforcement procedures
are available under their law so as to permit effective action against any
act of infringement of rights covered by this Treaty, including expeditious
remedies to prevent infringements and remedies which constitute a deterrent
to further infringements. ...
ARTICLE-15: Assembly [go to this ARTICLE]
... (1)(a) The Contracting Parties shall have an Assembly. ...
... (b) Each Contracting Party shall be represented by one delegate
who may be assisted by alternate delegates, advisors and experts. ...
... (c) The expenses of each delegation shall be borne by the Contracting
Party that has appointed the delegation. The Assembly may ask the World Intellectual
Property Organization (hereinafter referred to as “WIPO”) to grant
financial assistance to facilitate the participation of delegations of Contracting
Parties that are regarded as developing countries in conformity with the established
practice of the General Assembly of the United Nations or that are countries
in transition to a market economy. ...
... (c) The expenses of each delegation shall be borne by the Contracting
Party that has appointed the delegation. The Assembly may ask the World Intellectual
Property Organization (hereinafter referred to as “WIPO”) to grant
financial assistance to facilitate the participation of delegations of Contracting
Parties that are regarded as developing countries in conformity with the established
practice of the General Assembly of the United Nations or that are countries
in transition to a market economy. ...
... (3)(a) Each Contracting Party that is a State shall have one
vote and shall vote only in its own name. ...
... (b) Any Contracting Party that is an intergovernmental organization
may participate in the vote, in place of its Member States, with a number
of votes equal to the number of its Member States which are party to this
Treaty. No such intergovernmental organization shall participate in the vote
if any one of its Member States exercises its right to vote and vice versa.
...
ARTICLE-18: Rights and Obligations under the Treaty [go to this ARTICLE]
... Subject to any specific provisions to the contrary in this Treaty,
each Contracting Party shall enjoy all of the rights and assume all of the
obligations under this Treaty. ...
ARTICLE-23: Denunciation of the Treaty [go to this ARTICLE]
... This Treaty may be denounced by any Contracting Party by notification
addressed to the Director General of WIPO. Any denunciation shall take effect
one year from the date on which the Director General of WIPO received the
notification. ...