United States of America

Finland

Copyright and Related Rights

4. Please explain whether and how Finland provides full retroactive protection to works, phonograms and performances from other WTO Members, as required by TRIPS Articles 9.1, 14.6 and 70.2, each of which incorporate by reference or rely upon Berne Article 18. Please give the date back to which such protection extends with respect to each category of subject matter.

We do not call giving full term of protection "retroactive". It is rather a question of whether all existing subject matter, within the limits of the term of protection, is protected. As regards works, the protection through TRIPS Article 9.1 is guaranteed by the law referred to in the reply to question 1(a) above. As far as performers and producers of phonograms are concerned, the obligations of Article 14.6, second sentence, were explicitly met in the context of the enactment of the Act prolonging terms of protection. The Act entered into force 1 January 1996.