United States of America
South Africa
Copyright and Related Rights
[Follow-up questions] (a) In the answer to this question, South Africa indicates that foreign sound recordings are protected under South African law only to the extent that the law of their country of origin protects South African sound recordings. Please explain how this condition of reciprocity is consistent with TRIPS Article 3, which requires national treatment for all WTO Members with respect to the rights provided for phonograms under the TRIPS Agreement.
The position regarding sound recordings is not consistent with TRIPS Article 3 and will be rectified. Such rectification can be achieved by way of an amendment to the existing regulations and can be accomplished before the end of the year.