Council plans to formally approve WIPO Treaties

Subject: Council plans to formally approve WIPO Treaties
From: Barbara Schleihagen (
Date: to 21 loka   1999 - 12:51:44 EEST

>From the Press release of the 2205th Council meeting, - ECOFIN -,
Luxembourg, 8 October 1999:

WIPO Copyright and Performances and Phonograms Treaties

The Council decided to seek the assent of the European Parliament on the
proposal for a Decision concerning the approval, by the Community, of the
World Intellectual Property Organization (WIPO) Copyright Treaty and the
WIPO Performances and Phonograms Treaty. Once the European Parliament has
given its assent, the Council will be in a position to formally approve
these Treaties.

Both Treaties were adopted in Geneva on 20 December 1996 and have since
been signed by each of the Member States and also by the Community. They
are intended to help ensure a balanced level of protection for works and
other subject-matter while allowing the public access to material available
via networks.

The Copyright Treaty completes the Berne Convention for the protection of
literary and artistic works, which was last revised in 1971, and adapts it
to the digital environment. Authors will be able to benefit from legal
protection for the distribution, rental, communication to the public and
making available to the public (over networks) of their works. Explicit
protection is provided for computer programs and databases. In addition the
Treaty contains provisions on technological measures (such as on the
contravention of anti-copy devices) and on rights management information
as well as provisions on the enforcement of rights.

As far as performances and phonograms are concerned, these right holders
will be able to benefit from an exclusive right of reproduction,
distribution, rental, and making it available to the public (over networks)
of their performances and phonograms. Moreover performers and phonogram
producers will also benefit from a right of remuneration for broadcasting
and all other forms of communication to the public of phonograms published
for commercial purposes. Just as in the Copyright Treaty, this Treaty sets
out provisions on technological measures, on rights management systems and
on the enforcement of rights.
(Source: Council of Ministers Press release on 2205th Council meeting)

P.S. This is the ratification situation as of 17 September:


Argentina, Austria, Belarus, Belgium, Bolivia, Burkina Faso, Canada, Chile,
Colombia, Costa Rica, Croatia, Denmark, Ecuador, Estonia, Finland, France,
Germany, Ghana, Greece, Hungary, Indonesia, Ireland, Israel, Italy,
Kazakhstan, Kenya, Kyrgyzstan, Luxembourg, Mexico, Monaco, Mongolia,
Namibia, Netherlands, Nigeria, Panama, Portugal, Republic of Moldova (2),
Romania, Senegal, Slovakia, Slovenia, South Africa, Spain, Sweden,
Switzerland, Togo, United Kingdom, United States of America, Uruguay,
Venezuela, European Communities (51)

Ratifications and Accessions

Belarus, Burkina Faso, El Salvador, Hungary, Indonesia, Kyrgyzstan, Panama,
Republic of Moldova, United Sates of America (9)

(Source: WIPO website at

The Treaty shall enter into force three months after 30 instruments of
ratification or accession by States have been deposited with the Director
General of WIPO. So, signatures alone is not enough - the treaty has to be
implemented into the national law.

Best wishes,
Barbara Schleihagen
Barbara Schleihagen, Director
P.O. Box 43300
NL-2504 AH The Hague
Tel: +31-70-309 06 08
Fax: +31-70-309 07 08

This archive was generated by hypermail 2a24 : to 06 touko  2021 - 01:20:17 EEST