Treaty on the International Registration of
(Film Register Treaty)
Done at Geneva, on April 20, 1989
|CHAPTER I: SUBSTANTIVE PROVISIONS|
|Article 1: Establishment of the Union|
|Article 2: "Audiovisual Work"|
|Article 3: The International Register|
|Article 4: Legal Effect of the International Register|
|CHAPTER II: ADMINISTRATIVE PROVISIONS|
|Article 5: Assembly|
|Article 6: International Bureau|
|Article 7: Finances|
|Article 8: Regulations|
|CHAPTER III: REVISION AND AMENDMENT|
|Article 9: Revision of the Treaty|
|Article 10: Amendment of Certain Provisions of the Treaty|
|CHAPTER IV: FINAL PROVISIONS|
|Article 11: Becoming Party to the Treaty|
|Article 12: Entry Into Force of the Treaty|
|Article 13: Reservations to the Treaty|
|Article 14: Denunciation of the Treaty|
|Article 15: Signature and Languages of the Treaty|
|Article 16: Depositary Functions|
|Article 17: Notifications|
Desirous to increase the legal security in transactions relating to audiovisual works and thereby
to enhance the creation of audiovisual works and the international flow of such works and
to contribute to the fight against piracy of audiovisual works and contributions contained therein;
Have agreed as follows:
The States party to this Treaty (hereinafter called "the Contracting States") constitute a Union for the international registration of audiovisual works (hereinafter referred to as "the Union").
For the purposes of this Treaty, "audiovisual work" means any work that consists of a series of fixed related images, with or without accompanying sound, susceptible of being made visible and, where accompanied by sound, susceptible of being made audible.
(1) [Establishment of the International Register] The International Register of Audiovisual Works (hereinafter referred to as "the International Register") is hereby established for the purpose of the registration of statements concerning audiovisual works and rights in such works, including, in particular, rights relating to their exploitation.
(2) [Setting up and Administration of the International Registry] The International Registry of Audiovisual Works (hereinafter referred to as "the International Registry") is hereby set up for the purpose of keeping the International Register. It is an administrative unit of the International Bureau of the World Intellectual Property Organization (hereinafter referred to as "the International Bureau" and "the Organization," respectively).
(3) [Location of the International Registry] The International Registry shall be located in Austria as long as a treaty to that effect between the Republic of Austria and the Organization is in force. Otherwise, it shall be located in Geneva.
(4) [Applications] The registration of any statement in the International Register shall be based on an application filed to this effect, with the prescribed contents, in the prescribed form and subject to the payment of the prescribed fee, by a natural person or legal entity entitled to file an application.
(a) Subject to subparagraph (b), the following shall be entitled to file an application:
(b) If the application concerns a registration already effected, it may also be filed by a natural person or legal entity not satisfying the conditions referred to in subparagraph (a)
(2) [Safeguard of Intellectual Property Laws and Treaties] No provision of this Treaty shall be interpreted as affecting the copyright law, or any other law concerning intellectual property rights in audiovisual works, of any Contracting State or, if that State is party to the Berne Convention for the Protection of Literary and Artistic Works or any other treaty concerning intellectual property rights in audiovisual works, the rights and obligations of the said State under the said Convention or treaty.
(2) [Expenses of Delegations] The expenses of each delegation shall be borne by the Government which has appointed it, except for the travel expenses and the subsistence allowance of one delegate for each Contracting State, which shall be paid from the funds of the Union.
(vii) establish, and decide from time to time the membership of, a consultative committee consisting of representatives of interested non-governmental organizations and such other committees and working groups as it deems appropriate to facilitate the work of the Union and of its organs;
(b) With respect to matters which are of interest also to other Unions administered by the Organization, the Assembly shall make its decisions after having heard the advice of the Coordination Committee of the Organization.
(b) In the absence of the quorum, the Assembly may make decisions but, with the exception of the decisions concerning its own procedure, all such decisions shall take effect only if the quorum and the required majority are attained through voting by correspondence.
(a) The Assembly shall meet once in every second calendar year in ordinary session upon convocation by the Director General and, in the absence of exceptional circumstances, during the same period and at the same place as the General Assembly of the Organization.
(b) The Assembly shall meet in extraordinary session upon convocation by the Director General, either at the request of one-fourth of the Contracting States or on the Director General's own initiative.
(i) perform, through the International Registry, all the tasks related to the keeping of the International Register;
(ii) provide the secretariat of revision conferences, of the Assembly, of the committees and working groups established by the Assembly, and of any other meeting convened by the Director General and dealing with matters of concern to the Union;
(iii) perform all other tasks specially assigned to it under this Treaty and the Regulations referred to in Article 8 or by the Assembly.
(3) [Meetings Other Than Sessions of the Assembly] The Director General shall convene any committee and working group established by the Assembly and all other meetings dealing with matters of concern to the Union.
(a) The Director General and any staff member designated by him shall participate, without the right to vote, in all meetings of the Assembly, the committees and working groups established by the Assembly, and any other meeting convened by the Director General and dealing with matters of concern to the Union.
(b) The Director General or a staff member designated by him shall be ex officio secretary of the Assembly, and of the committees, working groups and other meetings referred to in subparagraph (a).
(c) Expenses not attributable exclusively to the Union but also to one or more other Unions administered by the Organization shall be considered as expenses common to the Unions. The share of the Union in such common expenses shall be in proportion to the interest the Union has in them.
(2) [Coordination with Other Budgets] The budget of the Union shall be established with due regard to the requirements of coordination with the budgets of the other Unions administered by the Organization.
(4) [Self-Supporting Financing] The amounts of fees due to the International Registry and the prices of its publications shall be so fixed that they, together with any other income, should be sufficient to cover the expenses connected with the administration of this Treaty.
(5) [Continuation of Budget; Reserve Fund] If the budget is not adopted before the beginning of a new financial period, it shall be at the same level as the budget of the previous period, as provided in the financial regulations. If the income exceeds the expenses, the difference shall be credited to a reserve fund.
(7) [Auditing of Accounts] The auditing of the accounts shall be effected by one or more of the Contracting States or by external auditors, as provided in the financial regulations. They shall be designated, with their agreement, by the Assembly.
(a) Amendments to the provisions referred to in paragraph (1) shall be adopted by the Assembly.
(a) Any amendment to the provisions referred to in paragraph (1) shall enter into force one month after written notifications of acceptance, effected in accordance with their respective constitutional processes, have been received by the Director General from three-fourths of the Contracting States members of the Assembly at the time the Assembly adopted the amendment.
(c) Any amendment which has been accepted and which has entered into force in accordance with subparagraph (a) shall bind all States which become Contracting States after the date on which the amendment was adopted by the Assembly.
(2) [Deposit of Instruments] The instruments referred to in paragraph (1) shall be deposited with the Director General.
(1) [Initial Entry Into Force] This Treaty shall enter into force, with respect to the first five States which have deposited their instruments of ratification, acceptance, approval or accession, three months after the date on which the fifth instrument of ratification, acceptance, approval or accession has been deposited.
(2) [States Not Covered by the Initial Entry Into Force] This Treaty shall enter into force with respect to any State not covered by paragraph (1) three months after the date on which that State has deposited its instrument of ratification, acceptance, approval or accession unless a later date has been indicated in the instrument of ratification, acceptance, approval or accession. In the latter case, this Treaty shall enter into force with respect to the said State on the date thus indicated.
(1) [Principle] Subject to paragraph (2), no reservation may be made to this Treaty.
(2) [Exception] Any State, upon becoming party to this Treaty, may, in a notification deposited with the Director General, declare that it will not apply the provisions of Article 4(1) in respect of statements which do not concern the exploitation of intellectual property rights in audiovisual works. Any State that has made such a declaration may, by a notification deposited with the Director General, withdraw it.
(3) [Moratorium on Denunciation] The right of denouncing this Treaty provided for in paragraph (1) shall not be exercised by any Contracting State before the expiration of five years from the date on which this Treaty enters into force with respect to it.
(2) [Official Texts] Official texts shall be established by the Director General, after consultation with the interested Governments, in the Arabic, German, Italian, Japanese, Portuguese, Russian and Spanish languages, and such other languages as the Assembly may designate.
(4) [Amendments] The Director General shall transmit two copies, certified by him, of any amendment to this Treaty and the Regulations to the Governments of the Contracting States and, on request, to the Government of any other State.
Done at Geneva, on April 20, 1989.