Examen de la legislación de aplicación del Acuerdo sobre los ADPIC - Búsqueda

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En el párrafo 2 del artículo 63 del Acuerdo sobre los ADPIC, se exige a los Miembros que notifiquen al Consejo de los ADPIC las leyes y los reglamentos hechos efectivos por el Miembro en cuestión y referentes a la materia del Acuerdo, con el fin de ayudar al Consejo en su examen de la aplicación del Acuerdo.

En esta página puede hacer búsquedas en las preguntas y respuestas de los Miembros sobre las leyes y los reglamentos notificados. Puede consultar los resultados de la búsqueda en la pantalla, descargarlos en formato Excel e imprimirlos. También puede descargar los distintos documentos.

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Signatura del documento Miembro que presenta la notificación Miembro que plantea la pregunta Pregunta Respuesta Fecha de distribución del documento  
IP/Q/NOR/1 Noruega Estados Unidos de América 1. Please explain whether and how Norway's law provides protection for works, phonograms and performances from other WTO Members, and whether and how it does so on the basis of national treatment, as required by TRIPS Article 3 (generally, with respect to all copyrights and neighbouring rights) and Article 9.1 (incorporating Berne Article 5(1)). In particular, please explain how national treatment is with respect to the distribution of levies for private copying under the relevant provisions of Norway's copyright law.
Regulation No. 5 of 10 April 1964 and Regulation No. 1288 of 22 December 1989 (both with subsequent amendments) implement the obligations to foreign rightholders stemming from the various international treaties to which Norway is party, into the Norwegian Copyright law. These regulations are issued pursuant to Section 59 of the Copyright Act. Amendments will currently be made to these regulations to comply with the national treatment clause in the TRIPS Agreement. As Norway is party to the Berne Convention, Norwegian copyright law is complying with the national treatment clause in Article 5.1 of the Berne Convention. Consequently, only minor adjustments are needed. The Norwegian Copyright Act has no provisions on levies for private copying.
13/09/1996
IP/Q/NOR/1 Noruega Estados Unidos de América 2. Does Norway apply the "rule of the shorter term" to phonograms and performances from other WTO Members? If so, please explain how you justify such action under TRIPS Article 4.
Norway does not apply the "rule of the shorter term" to phonograms and performances.
13/09/1996
IP/Q/NOR/1 Noruega Estados Unidos de América 3. Please explain whether and how Norway protects against the direct and indirect reproduction of phonograms as required by TRIPS Article 14.2, including by digital transmission in the context of subscription or interactive services.
According to Section 45 of the Norwegian Copyright Act sound fixations and films shall not, without the consent of the producer, be made available to the public, nor shall copies be made of the sound fixation or film, until 50 years have elapsed since the expiry of the year in which the fixation or film was made. "If the fixation is issued during this period of time, the term of protection shall subsist for 50 years after the expiry of the year in which the fixation was first issued." The term "making available to the public" is explained in Section 2, third paragraph of the Act; "A work is made available to the public when it is performed outside private premises, or when copies of the work are offered for sale, rental or lending, or otherwise distributed or displayed outside such premises." Consequently, both direct and indirect reproduction are covered by these provisions, including digital transmission in the context of subscription or interactive services.
13/09/1996
IP/Q/NOR/1 Noruega Estados Unidos de América 4. Please explain whether and how Norway 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.
As Norway is party to the Berne Convention, the Norwegian copyright law is consistent with Article 18 of the Berne Convention. The regulations which implement the obligations according various international treaties, to which Norway is party, into the Copyright law, will shortly be made applicable to all WTO Members. The date of application of the TRIPS Agreement for Norway is 1 January 1996, so this will be the fixed date according to Article 70 of the Agreement.
13/09/1996
IP/Q/NOR/1 Noruega Estados Unidos de América [Follow-up question] Will the expected amendment to Norway's copyright regulations to extend full retroactive protection to existing works from all other WTO Member countries also apply to phonograms and performances, as required by TRIPS Article 14.6?
The questions concerns whether the amendments to the Norwegian regulations implementing the TRIPS Agreement to the full extent, will give retroactive protection that will also apply to phonograms and performances - with reference to Article 14.6 of the TRIPS Agreement. The answer, to the extent one can look into the near future, is yes, and this implies that phonograms and performances originating back to 1946 will be protected.
13/09/1996
IP/Q/NOR/1 Noruega Estados Unidos de América 5. Please explain the criminal and civil remedies available for copyright infringement and the extent to which they fully implement the obligations in TRIPS Articles 41, 45, 50 and 61. In the response, please specify, inter alia, whether these remedies may include the seizure, forfeiture and destruction of infringing articles and equipment used to make the infringing articles, as required by Articles 46 and 61, and the manner in which the grant of civil provisional relief is provided in accordance with TRIPS Article 50. Please also explain how civil damages are measured in the case of computer program infringement, when and how attorney’s fees and court costs are awarded, and how long it takes for a decision to be rendered in the average civil and criminal copyright infringement cases.
Remedies available for copyright infringement is presented in Norway's notification (of 22 February 1996) under Article 63.2 of the TRIPS Agreement, to the TRIPS Council. Provided that the Copyright Act has no particular provisions, the general provisions in Act No. 6 of 13 August 1915 Relating to Judicial Procedure in Civil Cases, Act. No. 86 of 26 June 1992 Related to the Enforcement of Claims, Act No. 25 of 22 May 1981 Related to Criminal Procedures, apply. Seizure, forfeiture and destruction of infringing articles and equipment used to make the infringing articles, are covered by Section 56 of the Norwegian Copyright Act. In addition, provisional measures will apply. Regarding how civil damages are measures in the case of computer program infringement, Section 55 of the Copyright Act applies: "Any damage caused by an infringement mentioned in Section 54, or by an infringement of Section 49, first paragraph, is subject to a claim for compensation according to the rules of compensation generally applicable. If the right of an author or a performing artist has been infringed wilfully or by gross negligence, the court may also award him a sum of money as redress for damage of a non-economic nature. Even if the offender has acted in good faith, the aggrieved party may, irrespective of the extent of the damage, demand payment of the net profit accruing from the unlawful act." A party to a civil proceeding may be granted compensation for expenses incurred during the proceedings, including appropriate attorney's fees, pursuant to Chapter 13 of the Act Relating to Judicial Procedure in Civil Cases. The general rule is that a party who loses a case before the court, shall be ordered to compensate the other party's expenses in full (section 172). If a case is partly won and partly lost, the main rule is that the parties have to cover their own expenses (section 174). The Act Relating to Criminal Procedure (Chapters 9 and 30) stipulates as a main rule that the cost related to criminal proceedings is paid by the Government. There are no provisions particularly governing the length or cost of proceedings. We have no available data on the actual duration of proceedings or their cost.
13/09/1996
IP/Q/NOR/1 Noruega Estados Unidos de América [Follow-up question] Please describe the "provisional measures" referred to in the second paragraph of the answer, the procedures for invoking them, and the criminal penalties imposed with respect to the piracy of copyrighted works. What provisions of Norwegian law make these measures and penalties available?
The questions contains two different parts. Firstly, a description of provisional measures, referred to in the Norwegian answer, and the procedures for invoking them, is asked for. As I stated, a more full description is presented in the Norwegian notification document. I understand this has not yet been distributed to delegations, but will be so shortly. It has been made available to the US delegation. Information on invoking such provisional measures is also presented in the notification document. At this stage, I restrict myself to referring to that document. If need by, my delegation will be happy to provide further information. The last part of the question concerns criminal penalty imposed with respect to piracy of copyrighted works. The legislation concerning this is to be found in Chapter 7 of the Norwegian Copyright Act. In general, Section 54 states that persons who wilfully or negligently contravene the Copyright Act shall be liable to fines or imprisonment for a term not exceeding three months. However, if the infringement is wilful, and has been committed under particularly aggravating circumstances, the penalty shall be fines or imprisonment for a term not exceeding three years. Such infringement is subject to public prosecution. Any damage caused by an infringement is subject to a claim for compensation and, as mentioned in our first reply, also confiscation and destruction of infringing articles are covered.
13/09/1996
IP/Q/NOR/1 Noruega Estados Unidos de América 6. Article 10 of TRIPS requires that databases based on factual information that constitute intellectual creations by reason of the selection or arrangement of their contents be protected. Please explain how databases are protected under Norway’s copyright law and how such protection operates in conjunction with Article 43 of the Copyright Law, which provides that “works by which a considerable amount of information has been compiled” are protected for 10 years.
Databases which constitute an intellectual creation are protected as literary works under the Norwegian Copyright Act. The "catalogue rule" in Section 43 applies to "Formularies, catalogues, tables and similar works in which a large number of items of information have been compiled", and will apply also on databases. The second paragraph of Section 43 states that if the content of a database is wholly or partly subject to copyright, such may also be applied. The catalogue right differs form the copyright protection of data bases in many respects; there are no criterion of creativity, only "reproduction" is protected unlike copyright protection which protects against "producing copies", the term of protection is only ten years for catalogues, and finally the catalogue rule applies only to works that are published in Norway.
13/09/1996
IP/Q/NOR/1 Noruega Estados Unidos de América 7. Article 1 of Norway’s Copyright Law lists the works that are protected as literary and artistic works under the Law. Computer programs, however, are not included within this list. As Article 10 of TRIPS requires that computer programs be protected “as literary works,” please explain how computer programs are protected under Norway’s law.
Computer programs are protected as literary works in Section 1, second paragraph number 12. Section 1 was amended in 1990 (Act No. 26 of 15 June 1990).
13/09/1996
IP/Q/NOR/1 Noruega Estados Unidos de América 8. Please explain how Norway’s copyright law complies with TRIPS Articles 11 and 14, which require that the rightholders of computer programs and phonograms be granted the right to control the rental of their work. It does not appear that Norway’s copyright law grants a rental right in these works.
Section 19, second paragraph of the Norwegian Copyright Act stipulates that the rightholder of a computer program is granted the right to control the rental of their work. The rightholder of a phonogram is given this right in Section 42, third paragraph (performing artists) and section 45, second paragraph (producers). The Copyright Act was amended in this respect in 1990 (Act No. 26 of 15 June 1990) as regards the rental of computer programs, whereas Sections 42 and 45 were amended in 1995 (Act No. 27 of 2 June 1995).
13/09/1996
IP/Q/NOR/1 Noruega Estados Unidos de América 9. Article 14 of TRIPS requires that performances be protected for a term of 50 years from when the performance took place and phonograms be protected for a term of 50 years from fixation. Articles 42 and 45 of Norway’s Copyright Law, however, appear to protect phonograms and performances for a term of protection equal to only 25 years. How do these Articles comply with the requirements of TRIPS Article 14?
The Norwegian Copyright Act Section 42, second paragraph stipulates that the term of protection as regards performances is 50 years from the expiry of the year in which the performance took place. 50 years term of protection also applies to sound fixations pursuant to Section 45. The term of protection was extended from 25 years to 50 years in 1988 (Act No. 101 of 23 December 1988).
13/09/1996
IP/Q/NOR/1 Noruega Unión Europea 1. Is the Norwegian Government of the opinion that the eligibility criteria under Royal Decree of 8 June 1995 No. 524 Section 1 (cfr. the Copyright Act Section 57) and Royal Decree of 22 December 1989 No. 1288, should be amended in order to fulfil the obligations under the TRIPS Agreement for minimum protection, national treatment and most favoured nation treatment (Articles 1.3, 3 and 4 of the TRIPS Agreement)?
These regulations (Regulation No. 5 of 10 April 1964 and Regulation No. 1288 of 22 December 1989 - both with subsequent amendments), which supplement Chapter 8 on the scope of the Act, are currently under revision. The eligibility criteria will shortly be amended to comply with the national treatment clause and the MFN clause of the TRIPS Agreement. 2. For the purpose of clarification: Has the Norwegian Government made a notification to the TRIPS Council regarding the Norwegian reservation under paragraph 2 of Article 6 of the Rome Convention (Article 1.3 of the TRIPS Agreement)? Such notification will be made promptly.
13/09/1996
IP/Q/NOR/1 Noruega Unión Europea 2. For the purpose of clarification: Has the Norwegian Government made a notification to the TRIPS Council regarding the Norwegian reservation under paragraph 2 of Article 6 of the Rome Convention (Article 1.3 of the TRIPS Agreement)?
Such notification will be made promptly.
13/09/1996
IP/Q/NOR/1 Noruega Unión Europea 3. For the purpose of clarification: Will the Norwegian Government apply the 70-year term of protection for authors under Sections 40 and 41 and the rule of revival of rights under Section 60 of the Act to authors who are nationals of Member States of the European Community and the European Economic Area?
Provided that the eligibility criteria are fulfilled, the 70-year term of protection and the rule of revival of rights (see the commencement and the transitional provisions of the Act) will apply also to nationals of Member States of the European Community and the European Economic Area.
13/09/1996
IP/Q/NOR/1 Noruega Unión Europea 4. For the purpose of clarification: Are there any bilateral agreements between Norway and other states which grant any advantage, favour, privilege or immunity which shall be accorded to the nationals of all other Members (Article 4 of the TRIPS Agreement)?
The question is currently under deliberation in the Norwegian Government, and so far no such provision has been found.
13/09/1996
IP/Q/NOR/1 Noruega Unión Europea 5. Under Section 41 of the Copyright Act, the starting point for the protection period for anonymous or pseudonymous works is the expiry of the year in which the work was issued. According to Article 12 of the TRIPS Agreement, the starting point is the end of the calendar year of authorized publication. In the opinion of the Norwegian Government, can this difference in starting points result in a shorter protection period under Norwegian law than the protection period laid down in Article 12 of the TRIPS Agreement?
The Norwegian Copyright Act, Section 4, which has a similar wording as the corresponding provisions in the Danish, Swedish and Finnish Copyright Acts, is consistent with the TRIPS Agreement, Article 12. The English version of the Norwegian Copyright Act uses the term "issued" which is meant to cover "publish". However, the Norwegian Government will consider whether more adequate English terms should be used in the English version of the Act.
13/09/1996
IP/Q/CZE/1 República Checa Estados Unidos de América 1. Please explain whether and how the law of the Czech Republic provides protection for works, phonograms and performances from other WTO Members, and whether and how it does so on the basis of national treatment, as required by TRIPS Article 3 (generally, with respect to all copyrights and neighbouring rights) and Article 9.1 (incorporating Berne Article 5(1)). In particular, please explain how national treatment is afforded with respect to the distribution of levies for private copying under the relevant provisions of the law of the Czech Republic.
The Czech legislation provides protection for works and performances from other WTO Members on the basis of national treatment according to Article 50 paragraphs 2, 4 and 5. Relevant provisions of the Copyright Act read as follows: (2) To works of foreign nationals the provisions of this Act shall apply pursuant to international treaties, and if no such treaties exist, their reciprocity shall be guaranteed. (4) Copyright relating to the works of foreign nationals may not last longer than that in the country of origin of the work. (5) Above mentioned provisions shall apply per analogiam also to performing artists and their performances. The international treaty mentioned in paragraph 2 is inter alia the TRIPS Agreement. We would like to stress that the Czech Copyright Act provides protection for work of foreign authors and for performers on the level of national treatment and to the extent provided by international agreements to which the Czech Republic is a contracting party. The rights of producers of phonograms and broadcasting organizations are protected on the basis of international agreements or if the reciprocity is granted. The Copyright Act involves the provisions regarding private copying in Article 13 paragraphs 2 and 3. The remuneration for private copying is granted to authors, performers, producers of phonograms and broadcasting organizations. Broadcasters shall not enjoy such a right in the case that they transmit broadcasting of other broadcasters. The remuneration is subject to the collective administration and for blank tapes two collective organizations operating in this field. The remuneration is provided on the basis of blank tapes' sales price's percentage. Collective societies distribute the remuneration to authors, performers and producers of phonogram's broadcasters and also to foreign collective societies on the basis of their agreement.
04/10/1996
IP/Q/CZE/1 República Checa Estados Unidos de América 2. Does the Czech Republic apply the "rule of the shorter term" to phonograms and performances from other WTO Members? If so, please explain how you justify such action under TRIPS Article 4?
The Czech Republic does not apply the "rule of the shorter term" to phonograms and performances from other WTO Members. The term of protection of performers is fifty years starting from the end of the year in which a recording of performance was made. The same period is adopted for producers of phonograms and it starts at the end of the year when such recording was made.
04/10/1996
IP/Q/CZE/1 República Checa Estados Unidos de América 3. Please explain whether and how the Czech Republic protects against both the direct and indirect reproduction of phonograms as required by TRIPS Article 14.2, including by digital transmission in the context of interactive services.
According to Article 46 of the Czech Copyright Act, in which rights of phonograms producers are stipulated, the permission of the phonogram's producer is required for broadcasting of sound recordings and phonograms by radio or television, for production of reproduction of phonograms for other than own personal use, for public performance of sound recording and for lending and rental. Reproduction of phonograms by digital transmission in the context of interactive services is not expressis verbis in our Copyright Act but as we have a very broad provision regarding publication of the work, it can be used also for the digital transmission providing that the exclusive permission of authors, performers and producers is available.
04/10/1996
IP/Q/CZE/1 República Checa Estados Unidos de América 4. Please explain whether and how the Czech Republic 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.
The Czech Republic provides full protection to works, phonograms and performances from other WTO Members as required by TRIPS Articles 9.1, 14.6 and 70.2. Author's works are protected fifty years after their death, it means since 1946. The right of phonogram producers is protected fifty years since the end of the year in which the sound recording was made, it means since 1946 as well. The right of performers is protected fifty years starting at the end of the year in which recording of performance was made.
04/10/1996

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