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Contracting Parties Berne Convention Australia

Dates Entry into force: April 14, 1928 Declaration of Continued Application: April 14, 1928

Declarations, Reservations

Stockholm Act (1967): The instrument of accession contained a declaration provided for in Article 28(1)(b)(i) of the said Act to the effect that the accession does not apply to Articles 1 to 21 and to the Protocol Regarding Developing Countries. (see Berne Notification No. 36)

Stockholm Act (1967): A notification was deposited by the Government of the Commonwealth of Australia in which that Government indicated its desire to avail itself of the provisions of Article 38(2) of the Stockholm Act of the Berne Convention. This notification entered into force on the date of its receipt, that is, on September 21, 1971. Pursuant to the provisions of the said Article, the Commonwealth of Australia, which was a member of the Berne Union, could, for five years from April 26, 1970, the date of entry into force of the Convention Establishing the World Intellectual Property Organization (WIPO), exercise the rights provided under Articles 22 to 26 of the Stockholm Act of the Berne Convention, as if it were bound by those Articles. (see Berne Notification No. 31)

Accession to the Brussels Act (1948) subject to the specific declaration that the Government of the Commonwealth of Australia accepts the provisions of Article 11 of the Convention on the understanding that it remains free to enact such legislation as it considers necessary in the public interest to prevent or deal with any abuse of the monopoly rights conferred upon owners of copyright by the law of the Commonwealth of Australia. (see Copyright 1969, No.5, p.94)

Accession to the Berlin Act (1908) subject to the following reservation: Article 18 of the Act is replaced by Article 14 of the Berne Convention, 1886, and Number 4 of the Final Protocol of the same date accompanying the latter Convention, in its version of Article 2, Number II, of the Paris Additional Act, 1896, in respect of the application of the Berlin Act, 1908, to works which have not yet fallen into the public domain in the country of origin at the time the Convention entered into force. (see Le Droit d'auteur 1913, No.12, p.165 and Le Droit d'auteur 1912, No.7, p.90)

Additional Information

Application to the Berne Convention (1886) by the United Kingdom: September 5, 1887; Entry into force: December 5, 1887. Application to the Paris Additional Act (1896) through the United Kingdom: September 9, 1897; Entry into force: December 9, 1897. Application to the Berlin Act (1908) through the United Kingdom: November 13, 1913; Entry into force: July 1, 1912. Signature of the Rome Act (1928) through the United Kingdom: June 2, 1928. Declaration of continued application by Australia: April 14, 1928.

Territorial Information

Accession to the Rome Act (1928) extended to Papua New Guinea, Norfolk Islands and Nauru: June 18, 1936; Entry into force: July 29, 1936. (see Le Droit d'auteur 1936, No.7, p.73)

Accession to the Paris Act (1971) contained the declaration that the said Convention shall be applicable to the entire territory of Australia. (see Berne Notification No. 89)

Application of the Berlin Act (1908) to Papua: February 1, 1913. (see Le Droit d'auteur 1913, No.12, p.165)

Application of the Berlin Act (1908) to Norfolk Island: July 1, 1912. (see Le Droit d'auteur 1913, No.12, p.165)