1709 Blog: for all the copyright community

Friday, 19 September 2014

Berne leniencies: now it's Bangladesh's turn to opt for them

The trend towards making use of the relaxations of copyright, provided by the Berne Convention's 1971 Appendix, continues. By Berne Notification No. 269: Berne Convention for the Protection of Literary and Artistic Works we learn that Bangladesh is following in the recent footsteps of Thailand, Vietnam and the UAE (Yemen having also renewed this facility). For those who enjoy the pomp and circumstance of formal diplomatic circumlocution, the notification reads like this:
Declaration by the People's Republic of Bangladesh

The Director General of the World Intellectual Property Organization (WIPO) presents his compliments to the Minister for Foreign Affairs and has the honor to refer to the deposit by the Government of the People's Republic of Bangladesh, on February 4, 1999, of its instrument of accession to the Berne Convention for the Protection of Literary and Artistic Works of September 9, 1886, as revised at Paris on July 24, 1971 (see Berne Notification No. 200).

In this respect, the Director General has the honor to notify the deposit, on September 5, 2014, by the Government of the People's Republic of Bangladesh of the following declaration:
- "Pursuant to Article I of the Appendix of the Paris Act of the Berne Convention for the Protection of Literary and Artistic Works of September 9, 1886, as revised at Paris on July 24, 1971, this state will avail itself of the facilities provided for in Articles II and III of the said Appendix during the 10-year period that will expire on October 2024."
The said declaration shall enter into force, with respect to the territory of the People's Republic of Bangladesh, on December 5, 2014.
To remind readers, Article II of the Appendix deals with leniences in relation to the translations of certain works, while Article III deals with leniencies in regard to reproductions.

1 comment:

Jørgen Blomqvist said...

Perhaps these notifications are better described as a use of a window of opportunity, rather than a trend. Such notifications are valid for periods of ten years, counting from the date of entry into force of the Paris Act of the Berne Convention. If not renewed, they expire, and the next term of expiration is October 10, 2014. The time-limit for renewal (between 15 and three months before the term) expired on August 10, which explains why the notification states that the declaration shall enter into force on December 5, that is, three months after the notification of renewal. In principle, Bangladesh may not apply the provisions of the Appendix between October 10 and December 4. This is not likely to cause upheaval, though, as the provisions of the Appendix seem to be used very little in practice.