WIPO Performances and Phonograms Treaty 3

WIPO Performances and Phonograms Treaty

 

Article 19
Obligations concerning Rights Management Information

(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:

(i) to remove or alter any electronic rights management information without
authority;
(ii) to distribute, import for distribution, broadcast, communicate
or make available to the public, without authority, performances, copies of
fixed performances or phonograms knowing that electronic rights management
information has been removed or altered without authority.

(2) As used in this Article, “rights management information”means
information which identifies the performer, the performance of the performer,
the producer of the phonogram, the phonogram, the owner of any right in the
performance or phonogram, or information about the terms and conditions of use
of the performance or phonogram, and any numbers or codes that represent such
information, when any of these items of information is attached to a copy of a
fixed performance or a phonogram or appears in connection with the communication
or making available of a fixed performance or a phonogram to the public.

Article 20
Formalities

The enjoyment and exercise of the rights provided for in this Treaty shall
not be subject to any formality.

Article 21
Reservations

Subject to the provisions of Article 15(3), no reservations to this Treaty
shall be permitted.

Article 22
Application in Time

(1) Contracting Parties shall apply the provisions of Article 18 of the Berne
Convention, mutatis mutandis, to the rights of performers and producers of
phonograms provided for in this Treaty.

(2) Notwithstanding paragraph (1), a Contracting Party may limit the
application of Article 5 of this Treaty to performances which occurred after the
entry into force of this Treaty for that Party.

Article 23
Provisions on Enforcement of Rights

(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.

CHAPTER VADMINISTRATIVE AND FINAL CLAUSES

Article 24
Assembly

(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 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.

(2)(a) The Assembly shall deal with matters concerning the maintenance and
development of this Treaty and the application and operation of this Treaty.

(b) The Assembly shall perform the function allocated to it under Article
26(2) in respect of the admission of certain intergovernmental organizations to
become party to this Treaty.

(c) The Assembly shall decide the convocation of any diplomatic conference
for the revision of this Treaty and give the necessary instructions to the
Director General of WIPO for the preparation of such diplomatic conference.

(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.

(4) The Assembly shall meet in ordinary session once every two years upon
convocation by the Director General of WIPO.

(5) The Assembly shall establish its own rules of procedure, including the
convocation of extraordinary sessions, the requirements of a quorum and, subject
to the provisions of this Treaty, the required majority for various kinds of
decisions.

Article 25
International Bureau

The International Bureau of WIPO shall perform the administrative tasks
concerning the Treaty.

Article 26
Eligibility for Becoming Party to the Treaty

(1) Any Member State of WIPO may become party to this Treaty.

(2) The Assembly may decide to admit any intergovernmental organization to
become party to this Treaty which declares that it is competent in respect of,
and has its own legislation binding on all its Member States on, matters covered
by this Treaty and that it has been duly authorized, in accordance with its
internal procedures, to become party to this Treaty.

(3) The European Community, having made the declaration referred to in the
preceding paragraph in the Diplomatic Conference that has adopted this Treaty,
may become party to this Treaty.

Article 27
Rights and Obligations under the Treaty

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 28
Signature of the Treaty

This Treaty shall be open for signature until December 31, 1997, by any
Member State of WIPO and by the European Community.

Article 29
Entry into Force of the Treaty

This Treaty shall enter into force three months after 30 instruments of
ratification or accession by States have been deposited with the Director
General of WIPO.

Article 30
Effective Date of Becoming Party to the Treaty

This Treaty shall bind

(i) the 30 States referred to in Article 29, from the date on which this
Treaty has entered into force;

(ii) each other State from the expiration of three months from the date on
which the State has deposited its instrument with the Director General of WIPO;

(iii) the European Community, from the expiration of three months after the
deposit of its instrument of ratification or accession if such instrument has
been deposited after the entry into force of this Treaty according to Article
29, or, three months after the entry into force of this Treaty if such
instrument has been deposited before the entry into force of this Treaty;
(iv) any other intergovernmental organization that is admitted to become
party to this Treaty, from the expiration of three months after the deposit of
its instrument of accession.

Article 31
Denunciation of the Treaty

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.

Article 32
Languages of the Treaty

(1) This Treaty is signed in a single original in English, Arabic, Chinese,
French, Russian and Spanish languages, the versions in all these languages being
equally authentic.

(2) An official text in any language other than those referred to in
paragraph (1) shall be established by the Director General of WIPO on the
request of an interested party, after consultation with all the interested
parties. For the purposes of this paragraph, “interested party” means any Member
State of WIPO whose official language, or one of whose official languages, is
involved and the European Community, and any other intergovernmental
organization that may become party to this Treaty, if one of its official
languages is involved.

Article 33
Depositary

The Director General of WIPO is the depositary of this Treaty.
The MULTILATERALS PROJECT of the Fletcher
School of Law and Diplomacy – htp://www.tufts.edu/fletcher/multilaterals.html

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international


Posted

in

, ,

by

Tags:

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *