États-Unis d'Amérique

Suède

Droit d'auteur et droits connexes

4. Please explain whether and how Sweden 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.

Article 24 of the International Copyright Regulation provides: "The provisions of sections 2 to 11, 18 and 19 apply also to works which have been created before the date on which the country became a member of the Berne Union, party to the Universal Copyright Convention or adhered to the World Trade Organization." (The rest of the Article contains special provisions concerning copies of works which have been produced before the date in question, etc). Furthermore, Article 25 of the same Regulation provides that: "The provisions of section 24 shall apply also to rights protected on the basis of sections 5, 10, 13 to 17 and 19 to 23." From these provisions follow that, as a matter of principle, the protection for works, performances and phonograms etc. originating in a WTO Member State applies in all cases where, on 1 January 1996, 50 years had not elapsed from the death of the author, or the recording was made, respectively.