Article 18 of the Berne Convention reserves the protection to works which at the moment of its coming into force have not yet fallen into the public domain in the country of origin through the expiry of the term of protection. Paragraph 2 of the same article excludes that a work that has fallen into the public domain in the country where the protection is claimed, could be protected anew on the basis of the new terms of the minimal duration of the protection provided for by the Berne Convention.
Article 70 of the TRIPS Agreement recalls Article 18 of the Berne Convention so far as the works, phonograms and performances in conformity with the established criteria are concerned, thus implying that the protection must be given to all works which are not fallen into the public domain, as to the neighbouring rights.
Article 10.2 of EEC Directive No. 93/98 establishes however that the new long duration of the protection there provided for in favour of copyright and neighbouring rights "applies to any work and subject matter which is protected in at least one of the Member States at the date of 1 July 1995".
Article 17 of the Law of 26 February 1996, No. 52 (integrated by Article 9 of the D.L. of 22 June 1996, now being converted into law), actuating such a directive, after having increased the terms of duration of the protection of copyright and neighbouring rights, in conformity with the EEC Directive, has extended the new terms previously into force (Article 17.2), provided always that in application of such terms the aforesaid works and right fall into protection at the date of 29 June 1995 (Article 9.2 of the D.L. No. 331/1996): this means that the protection for neighbouring rights goes back to 30 June 1945 and to 30 June 1926 for copyright.
