Section 107p. 107

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

(2) (a) Any declaration under paragraph (1) notified before

the expiration of the period of ten years from the entry

into force of Articles 1 to 21 and this Appendix according to

Article 28(2) shall be effective until the expiration of the

said period. Any such declaration may be renewed in

whole or in part for periods of ten years each by a

notification deposited with the Director General not more

than fifteen months and not less than three months

before the expiration of the ten-year period then running.

(b) Any declaration under paragraph (1) notified after the

expiration of the period of ten years from the entry into

force of Articles 1 to 21 and this Appendix according to

Article 28(2) shall be effective until the expiration of the

ten-year period then running. Any such declaration may

be renewed as provided for in the second sentence of

subparagraph ( a ).

(3) Any country of the Union which has ceased to be

regarded

as a developing country as referred to in

paragraph (1) shall no longer be entitled to renew its

declaration as provided in paragraph (2), and, whether or

not it formally withdraws its declaration, such country

shall be precluded from availing itself of the faculties

referred to in paragraph (1) from the expiration of the

ten-year period then running or from the expiration of a

period of three years after it has ceased to be regarded as

a developing country, whichever period expires later.

(4) Where, at the time when the declaration made under

paragraph (1) or (2) ceases to be effective, there are copies

in stock which were made under a license granted by

virtue of this Appendix, such copies may continue to be

distributed until their stock is exhausted.

(5) Any country which is bound by the provisions of this

Act

and

which

has

deposited

a

declaration

or

a

notification in accordance with Article 31 (1) with respect

to the application of this Act to a particular territory, the

situation of which can be regarded as analogous to that

of the countries referred to in paragraph (1), may, in

respect of such territory, make the declaration referred to

in paragraph (1) and the notification of renewal referred to

in

paragraph

(2).

As

long

as

such

declaration

or

notification

remains

in effect, the provisions of this

Appendix shall be applicable to the territory in respect of

which it was made.

(6) (a) The fact that a country avails itself of any of the

faculties referred to in paragraph (1) does not permit

another country to give less protection to works of which

the country of origin is the former country than it is

obliged to grant under Articles 1 to 20.

(b) The right to apply reciprocal treatment provided for in

Article 30(2)( b ), second sentence, shall not, until the date

on which the period applicable under Article 1(3) expires,

be exercised in respect of works the country of origin of

which

is

a

country

which

has

made

a declaration

according to Article V(1)( a ).

ARTICLE II

Limitations on the Right of Translation : 1 . Licenses

Grantable by Competent Authority ; 2 . to 4 .

Conditions Allowing the Grant of such Licenses ; 5 .

Purposes for which Licenses may be Granted ;

6 . Termination of Licenses ; 7 . Works Composed Mainly of

Illustrations ;

8 . Works Withdrawn from Circulation ; 9 . Licenses for

Broadcasting Organizations

(1) Any country which has declared that it will avail itself of

the faculty provided for in this Article shall be entitled, so

far as works published in printed or analogous forms of

reproduction

are

concerned,

to

substitute

for

the

exclusive right of translation provided for in Article 8 a

system of non-exclusive and non-transferable licenses,

granted by the competent authority under the following

conditions and subject to Article IV.

(2) (a) Subject to paragraph (3), if, after the expiration of a

period of three years, or of any longer period determined

by

the

national

legislation

of

the

said

country,

commencing on the date of the first publication of the

work, a translation of such work has not been published

in a language in general use in that country by the owner

of the right of translation, or with his authorization, any

national of such country may obtain a license to make a

translation of the work in the said language and publish

the

translation

in

printed

or

analogous

forms

of

reproduction.

(b) A license under the conditions provided for in this

Article may also be granted if all the editions of the

translation published in the language concerned are out

of print.

(3) (a) In the case of translations into a language which is

not in general use in one or more developed countries

which are members of the Union, a period of one year

shall be substituted for the period of three years referred

to in paragraph (2)( a ).

(b) Any country referred to in paragraph (1) may, with the

unanimous agreement of the developed countries which

are members of the Union and in which the same

language is in general use, substitute, in the case of

translations into that language, for the period of three

years referred to in paragraph (2)( a ) a shorter period as

determined by such agreement but not less than one

year. However, the provisions of the foregoing sentence

shall not apply where the language in question is English,

French or Spanish. The Director General shall be notified

of any such agreement by the Governments which have

concluded it.

(4) (a) No license obtainable after three years shall be

granted under this Article until a further period of six

months has elapsed, and no license obtainable after one

year shall be granted under this Article until a further

period of nine months has elapsed

(i) from the date on which the applicant complies with

the requirements mentioned in Article IV(1), or

(ii) where the identity or the address of the owner of the

right of translation is unknown, from the date on which

the applicant sends, as provided for in Article IV(2), copies

of his application submitted to the authority competent

to grant the license.

(b) If, during the said period of six or nine months, a

translation in the language in respect of which the

application was made published by the owner of the

right of translation or with his authorization, no license

under this Article shall be granted.

(5) Any license under this Article shall be granted only for

the purpose of teaching, scholarship or research.

(6) If a translation of a work is published by the owner of

the right of translation or with his authorization at a price

reasonably

related

to

that

normally charged in the

country for comparable works, any license granted under

this Article shall terminate if such translation is in the

same language and with substantially the same content

as the translation published under the license. Any copies

already made before the license terminates may continue

to be distributed until their stock is exhausted.

(7) For works which are composed mainly of illustrations,

a license to make and publish a translation of the text and

to reproduce and publish the illustrations may be granted

only if the conditions of Article III are also fulfilled.

(8) No license shall be granted under this Article when

the author has withdrawn from circulation all copies of

his work.

(9) (a) A license to make a translation of a work which has

been

published

in

printed

or

analogous

forms

of

reproduction may also be granted to any broadcasting

organization having its headquarters in a country referred

to in paragraph (1), upon an application made to the

competent

authority

of

that

country

by

the

said

organization, provided that all of the following conditions

are met:

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