tag:blogger.com,1999:blog-4513524515428334509.post2666638337989784042..comments2024-03-26T10:41:35.852+00:00Comments on The 1709 Blog: Uzbeks withdraw Berne reservationMarie-Andree Weisshttp://www.blogger.com/profile/17125973798789498436noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-4513524515428334509.post-20056296663783179802014-01-22T12:37:51.903+00:002014-01-22T12:37:51.903+00:00Just an additional remark. The 2006 law published ...Just an additional remark. The 2006 law published on the WIPO web site is unclear, Article 70 only contains explicit rules regarding older contracts of exploitation. However, Article 2 gives precedence to international agreements, and that might be understood as meaning that the works which I referred to in my earlier comment henceforth will be covered by the protection. For additional information you'd better consult an expert in Uzbek law.Jørgen Blomqvistnoreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-39919182367106711082014-01-22T12:22:57.198+00:002014-01-22T12:22:57.198+00:00What will actually be protected depends in the end...What will actually be protected depends in the end on domestic Uzbek law. What has happened is that the country internationally has recognized its obligation to protect foreign works that, at the time when the country joined the Berne Convention, were in the public domain in Uzbekistan for other reasons than the expiry of the term of protection. Such reasons could, for example, be lack of compliance with formalities or a former catalogue of protected works that was not as comprehensive as that of the Berne Convention.Jørgen Blomqvistnoreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-40412493245345961792014-01-22T11:23:21.039+00:002014-01-22T11:23:21.039+00:00What is the impact of this change? What wii be pro...What is the impact of this change? What wii be protected now that wasn't in the past? And are works that were in the public domain now going to be protected?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-49601675231412229532014-01-22T10:14:28.507+00:002014-01-22T10:14:28.507+00:00The reservation is actually quite interesting, not...The reservation is actually quite interesting, notably because it is not permitted under the Convention. Nevertheless, similar reservations are still maintained by Moldova, the Russian Federation and Ukraine. What is permitted under Art 18 is to make transitory provisions when countries join the Convention or new Acts thereof, but not to refuse in general protection of works which were created before the Convention, or the Act in question, entered into force for the given country. Apart from such transitory provisions, older works may only be refused retrospective protection in accordance with Art 18 if they have fallen into the public domain due to the expiry of the term of protection, not if they have been unprotected for other reasons.Jørgen Blomqvistnoreply@blogger.com