Copyright: Its History and Its Law Part 87

ARTICLE 8

{Sidenote: Regulations to govern Bureaus}

{Sidenote: Expenses of Bureaus}

The International Bureaus for the protection of intellectual and industrial property shall be governed by identical regulations, formed with the concurrence of the Governments of the Republics of Cuba and Brazil and approved by all the others belonging to the Union. Their budgets, after being sanctioned by the said Governments, shall be defrayed by all of the subscribing Governments in the same proportion established for the International Bureau of American Republics at Was.h.i.+ngton, and in this particular they shall be placed under the control of those Governments within whose territories they are established.

{Sidenote: Registration fee, $5 American gold}

To the tax on rights which the country of their origin collects for registration or deposit and other acts resulting from the recognition or guaranty of intellectual and industrial property, shall be added a fee of five dollars, American gold, which fee or the equivalent thereof in the currency of the country in which the payment is made shall be distributed in equal parts among the Governments in whose territory the International Bureaus shall be established, the sole object of this being to contribute to the maintenance of the said Bureaus.

ARTICLE 9

{Sidenote: Functions of Bureaus:}

In addition to the functions prescribed in the preceding articles, the International Bureaus shall have the following:

{Sidenote: 1. To collect and publish information}

1st. To collect information of all kinds regarding the protection of intellectual and industrial property and to publish and circulate the same among the countries of America at proper intervals;

{Sidenote: 2. May publish official reviews}

2nd. To encourage the study of questions regarding the said subjects, to which end they may publish one or more official reviews containing all doc.u.ments forwarded to them by the offices of the subscribing countries;

{Sidenote: 3. To give notice of difficulties}

3rd. To lay before the Governments of the Union any difficulties or obstacles that may arise in the efficacious application of the present Convention, and indicate means to correct or remove such difficulties or obstacles;

{Sidenote: 4. To originate and prepare for international conferences}

4th. To help the Governments of the Union in the preparation of international conferences for the study and progress of legislation and intellectual and industrial properties, for alterations which it may be proper to introduce in the regulations of the Union or in the treaties in force on the said subject, and in case such conferences take place the directors of the Bureaus, not appointed to represent any countries, shall have a right to attend the meetings and express their opinions at them, but not to vote;

{Sidenote: 5. To make yearly report}

5th. To present to the Governments of the countries where they shall have their seats a yearly report of their labors, which shall be communicated to all of the States of the Union;

{Sidenote: 6. To arrange for the exchange of publications, etc.}

6th. To establish relations for the exchange of publications, informations and data conducive to the progress of the inst.i.tution with similar bureaus, and inst.i.tutions, and with scientific, literary, artistic, and industrial corporations of Europe and America;

{Sidenote: 7. To act as agent for each of the Governments concerned}

7th. To cooperate as agent for each one of the Governments of the Union for the transaction of any business, the taking of any initiative, or the execution of any act conducive to further the ends of the present Convention with the offices of the other Governments.

ARTICLE 10

{Sidenote: Registration required to replace provisions of treaties of 1902}

The provisions contained in the Treaties of Mexico of January 27th, 1902, on patents of invention, drawings and industrial models, and commercial trade-marks, and on literary and artistic property, so far as regards the formalities of the registration or recognition of said rights in other countries than that of origin, shall be considered as replaced by the provisions of the present Convention as soon as one of the International Bureaus shall have been established, and only with regard to those States which have concurred in its const.i.tution; in all other cases the said treaties shall remain in force and the present Convention shall be considered additional thereto.

ARTICLE 11

{Sidenote: Cuba and Brazil to organize Copyright Bureaus}

The Governments of the Republics of Cuba and the United States of Brazil shall proceed with the organization of the International Bureaus upon the ratification of this Convention by at least two-thirds of the nations belonging to each group mentioned in Article 3. The simultaneous establishment of both Bureaus shall not be necessary; one only may be established if there be the number of adherent Governments provided above, the Government in which the Bureau has its seat being charged with taking the proper steps to secure this result, availing itself of the powers contained in the eighth article.

{Sidenote: Bureau first established to be used until second is organized}

In the event that one of the two offices referred to in this Convention shall have been established, the countries belonging to a group other than that to which the Bureau corresponds shall have the right to join it until the second Bureau shall be established. Upon the establishment of the second Bureau the first Bureau shall transmit to the same all the data referred to in Article 12.

ARTICLE 12

{Sidenote: Adhesions to treaty to be communicated to Brazil}

As regards the adhesion of the American nations to the present Convention, it will be communicated to the Government of the United States of Brazil, which will lay it before the others, these communications taking the place of an exchange of notes.

{Sidenote: Brazil to notify Bureau of each adhesion}

The Government of Brazil will also notify the International Bureau of this adhesion, and this Bureau will forward to the newly adhering State a complete statement of all the marks, patents, models, drawings, and literary and artistic works registered which at the time shall be under international protection.

In testimony whereof the Plenipotentiaries and Delegates have signed the present Convention and affixed the seal of the Third International American Conference.

{Sidenote: Signed at Rio de Janeiro, Aug. 23, 1906}

Made in the City of Rio de Janeiro the twenty-third day of August, nineteen hundred and six, in English, Portuguese, and Spanish, and deposited with the Secretary of Foreign Affairs of the United States of Brazil, in order that certified copies thereof be made and sent through diplomatic channels to the signatory States.

14. BUENOS AIRES CONVENTION, 1910

CONVENTION ON LITERARY AND ARTISTIC COPYRIGHT SIGNED AT BUENOS AIRES, AUGUST 11, 1910

ARTICLE 1

{Sidenote: Union to protect literary and artistic property}

The signatory States acknowledge and protect the rights of literary and artistic property in conformity with the stipulations of the present convention.

ARTICLE 2