(1) Any country of the Union may declare, as from the date of this Act, and at any time before becoming bound by Articles 1 to 21 and this Appendix:
(i) if ft is a country which, were it bound by Articles 1 to 21 and this Appendix, would be entitled to avail itself of the faculties referred to in Article 1(1), that it will apply the provisions of Article II or of Article III or of both to works whose country of origin is a country which, pursuant to (ii) below, admits the
application of those Articles to such works, or which is bound by Articles I to 21 and this Appendix; such declaration may, instead of referring to Article II, refer to Article V;
(ii) that it admits the application of this Appendix to works of which it is the country of origin by countries which have made a declaration under (i) above or a notification under Article I.
(2) Any declaration made under paragraph (1) shall be in writing and shall be deposited with the Director General. The declaration shall become effective from the date of its deposit.
A.VI.l. Equivalent provisions featured in the Stockholm Act (1967).
These were re-drafted in Paris (1971). Their purpose is to accelerate the coming into operation of the Appendix provisions in favour of developing countries, without waiting for the passage of national laws and the other processes necessary before ratification of, or accession to, the Paris Act can be accomplished.
A.VI.2. This possibility of applying or accepting the application of the Appendix before becoming bound by it has existed since the date of the Paris Act, namely July 24, 1971.
A.VI.3. Paragraph (l)(i) covers developing countries: they may declare that they will apply the compulsory licensing system for translations (Arti¬
cle II) and/or reproductions (Article III) or adopt the ten-year regime (Article V) to the works of countries which have accepted such applica¬
tion either expressly in advance or by ratifying or acceding to the substan¬
tive provisions of the Paris Act.
A.VI.4. Paragraph (l)(ii) covers developped countries: they may declare that they accept the application of the Appendix to their works by deve¬
loping countries who have announced their intention of applying the Ap¬
pendix.
A.VI.5. The declarations must be in writing and deposited with the Director General of WIPO. Given the urgency, they take effect imme¬
diately they are deposited.
174 WIPO — Guide to the Berne Convention A.9. In short, this is what the Appendix offers to developing countries:
A. 10. First, so far as translation is concerned, these countries have a choice between the compulsory licensing system and that of the "ten-year regime". They cannot have both, and the choice once made is irrevo¬
cable.
A.II. The ten-year regime means that the author's exclusive right ceases to exist as regards translations into a particular language in the country choosing this regime, after ten years from the first publication of the work, if during that period it has not been exercised. Thereafter the work can be freely translated for any purpose without permission and without payment.
A. 12. Under the other system, that of compulsory licences, nationals of the developing country may be granted licences to translate and publish the translation for the purposes of teaching, scholarship or research.
Time limits must be observed : three years and six months for languages in genera] use, and one year and nine months for purely local languages.
Licences can also be granted to use translations for educational broad¬
casts, and those disseminating scientific or technical information. The original works must have been published in printed form.
A.13. Secondly, as regards reproduction, there is no choice. The only system available is that of compulsory licences. Again, the original must have been published in printed form (plus a limited amount of audio¬
visual material). Licences can only be granted for systematic instructional activities. Again, there are time limits varying according to the types of works : three, five or seven years.
A. 14. There are conditions attached to both kinds of licence, including the payment of fair compensation to copyright owners. Copies made under these licences may only be used within the country granting them;
they may not be exported.
A. 15. The details as set out in the Appendix result in a somewhat com¬
plicated system. In practice licence applications, or the mere threat of such applications, will have two important results: in the first place, copy¬
right owners (the authors and their publishers) will have the opportunity, during the prescribed time limits, to meet the demands of developing countries by themselves undertaking the publications these countries so badly need; secondly, these copyright owners and the nationals of deve-
loping countries will be in touch with each other, and this, in its turn, will lead to the conclusion of freely-negotiated contracts, without any need for reservations or compulsory licences.
A. 16. It is a matter for the governments of countries taking advantage of the Appendix to draw up the necessary rules of procedure. In many cases the wording of the Convention is sufficiently detailed to be usable verba¬
tim. This was in fact done in the Tunis Model Law where the Articles covering translation and reproduction licences are taken direct from the Appendix. It is worth noting that the Tunis Model Law also places these Articles in an Appendix, in order to emphasize their optional character.
No country need adopt a compulsory licensing system (or the ten-year regime for translations) unless it wishes to do so.
Geneva, March, 1978