视听作品国际登记条约(英文版)
来源:知识产权学术与实务研究网 作者: 时间:2011-09-26 阅读数:
Rule 4
Date and Number of the Registration
(1) [Date] The International Registry shall allot, subject to Rule 2(13), as the filing date, to each application, the date of receipt of the application. Where the application is registered, it shall be given, as registration date, the filing date.
(2) [Number] The International Registry shall allot a number to each application. If the application refers to a work whose title appears in an existing work-related registration, or which is described in an existing person-related registration, the number allotted shall also contain the number of that registration. Any registration number shall consist of the application number.
Rule 5
Registration
(1) [Registration] Where an application is not rejected, all the statements contained therein shall, as prescribed, be registered in the International Register.
(2) [Notification and Publication of the Registration] Any registration effected shall, as prescribed, be notified to the applicant and published in the Gazette referred to in Rule 6.
Rule 6
The Gazette
(1) [Publication] The International Registry shall publish a gazette ("the Gazette") in which it shall indicate the prescribed elements in respect of all registrations. The Gazette shall be in English, provided that elements concerning applications that were filed in French shall also be in French.
(2) [Sale] The International Registry shall offer, against payment, both yearly subscriptions to the Gazette and single copies of the Gazette. The amount of the prices shall be fixed in the same manner as the amount of the fees is fixed according to Rule 8(1).
Rule 7
Inquiries
(1) [Information and Copies] The International Registry shall, against the payment of the prescribed fee, furnish information concerning any registration and certified copies of any registration certificate or document concerning such registration.
(2) [Certificates] The International Registry shall, against the payment of the prescribed fee, furnish a certificate answering questions about the existence, in the International Register, of statements concerning specific matters in any registration or any document or material that has been attached to the application.
(3) [Inspection] The International Registry shall, against the payment of the prescribed fee, allow the inspection of any application, as well as of any document or material that has been attached to the application.
(4) [Monitoring Service] The International Registry shall, against the payment of the prescribed fee, give written information, promptly after each registration is effected,
(i) on all registrations effected in respect of a given work;
(ii) in respect of all registrations that concern a given natural person or legal entity, provided that it is the person or entity concerned, or a third person authorized by the person or entity concerned, who or which requests such a service.
(5) [Computerized Memory] The International Registry may input into computer memory all or part of the contents of the International Register, and, in performing any of the services referred to in paragraphs (1) to (4) or in Rule 3(4), it may rely on that memory.
Rule 8
Fees
(1) [Fixing of the Fees] Before determining the system and amounts of the fees, and before making any changes in that system or amounts, the Director General shall consult the Consultative Committee. The Assembly may instruct the Director General to change the said system, the said amounts, or both.
(2) [Reduction of Fees for Applicants from Developing Countries] The amounts of the fees shall be reduced initially by 15% where the applicant is a natural person who is a national of, or a legal entity which is organized under the laws of, a Contracting State that is regarded as a developing country in conformity with the established practice of the General Assembly of the United Nations. The Assembly shall periodically examine the possibility of increasing the percentage of the said reduction.
(3) [Entry Into Effect of Changes in the Fees] Any increase in the amounts of the fees shall not be retroactive. The date of the entry into effect of any change shall be fixed by the Director General or, where the change is on instruction by the Assembly, by the Assembly. Such date shall be indicated when the change is published in the Gazette. It shall not be sooner than one month after the publication in the Gazette.
(4) [Currency and Manner of Payment] The fees shall be paid in the prescribed manner and in the prescribed currency or, if several currencies are admitted, in the currency that the applicant chooses among the said currencies.
Rule 9
Administrative Instructions
(1) [Scope]
(a) The Administrative Instructions shall contain provisions concerning details in respect of the administration of the Treaty and these Regulations.
(b) In the case of conflict between the provisions of the Treaty or these Regulations and those of the Administrative Instructions, the former shall prevail.
(2) [Source]
(a) The Administrative Instructions shall be drawn up, and may be modified, by the Director General after consultation of the Consultative Committee.
(b) The Assembly may instruct the Director General to modify the Administrative Instructions, and the Director General shall modify them accordingly.
(3) [Publication and Entry into Force]
(a) The Administrative Instructions and any modification thereof shall be published in the Gazette.
(b) Each publication shall specify the date on which the published provisions come into effect. The dates may be different for different provisions, provided that no provision may be declared effective prior to its publication in the Gazette.
*Adopted on April 18, 1989, as modified on February 28, 1991.