2. Laws and regulations
4. Most-favoured nation
5. Contact points
6. Berne/Rome provisions
> Reviews of
members’ implementing legislation
Notifications under provisions of the Rome
and Berne conventions back to top
A number of notification provisions of the Berne and the Rome Conventions are
incorporated by reference into the TRIPS Agreement but without being explicitly
referred to in it. Notifications under these provisions are only required if a
member wishes to use any of the possible flexibilities. At its meeting in
February 1996, the Council invited each member wishing to make notifications of
this kind, to make them to the TRIPS Council even if the member in question had
already done so under the Berne or the Rome Convention for the same issue.
These are the provisions:
Article 14bis(2)(c) and 14bis(3) of the Berne Convention deals with right holders of cinematographic works.
Article 15(4) of the Berne Convention is mainly directed at the protection of
folklore. It deals with unpublished works where the identity of the author is
unknown, but where there is every ground to presume that he or she is a national
of a given WTO member. In such a situation, the member concerned may designate
and notify a competent authority to protect the interests of the author.
Appendix to the Berne Convention allows developing countries, under specified
circumstances, to provide compulsory licences for the translation and/or
reproduction of works for systematic instructional activities. A member wishing
to avail itself of these possibilities has to make certain notifications as
required under the following provisions of the Appendix: Article I, Article
II(3)(b), Article IV(2), Article IV(4)(c)(iv), and Article V.
Article 17 of the Rome Convention concerns the determination of producers of
phonograms eligible for protection.
Article 18 of the Rome Convention relates to the possibility of reducing or
withdrawing, by a further notification, an earlier notification relating to the
invocation of certain exceptions.
Further background information on these notification possibilities can be found
in document IP/C/W/15 (download
pdf). Notifications of
this kind are circulated in the
IP/N/5/ series of documents.
> Find these notifications