Page 377 - Regional Comprehensive Economic Partnership (RCEP)

organisms for the Purposes of Patent Procedure done at to the public of their performances fixed in phonograms and
Budapest on 28 April 1977, as amended on 26 September 1980. phonograms, respectively, by wire or wireless means, in such a
way that members of the public may access them from a place
3. If any Party intends to ratify or accede to any of the following and at a time individually chosen by them.
multilateral agreements, it may seek to cooperate with other
Parties to support its ratification or accession to and its 3. Each Party shall provide to authors, performers, and producers of
implementation of that multilateral agreement: phonograms the exclusive right to authorise or prohibit the
reproduction of their works, performances fixed in phonograms,
(a) the 1991 Act of International Convention for the Protection and phonograms in any manner or form.
of New Varieties of Plants as revised at Geneva on 19
March 1991;
Article 11.11: Right to Remuneration for Broadcasting
6
(b) the Geneva Act of the Hague Agreement Concerning the
International Registration of Industrial Designs done at Performers and producers of phonograms shall enjoy the right to a single
Geneva on 2 July 1999; equitable remuneration, or alternatively the right to receive royalties, for
the direct or indirect use of phonograms published for commercial
(c) the International Convention for the Protection of purposes for broadcasting.
Performers, Producers of Phonograms and Broadcasting
Organisations done at Rome on 26 October 1961
(hereinafter referred to as the “Rome Convention” in this Article 11.12: Protection of Broadcasting Organisations and
Chapter); and Encrypted Programme-Carrying Satellite Signals

(d) the Singapore Treaty on the Law of Trademarks done at 1. Each Party shall provide to broadcasting organisations the
Singapore on 27 March 2006. exclusive right to prohibit the re-broadcasting of their broadcasts
by at least wireless means, the fixation of their broadcasts, and
the reproduction of fixations of their broadcasts. 7, 8
SECTION B
COPYRIGHT AND RELATED RIGHTS 2. Each Party shall endeavour to provide measures, in accordance
with its laws and regulations, against at least one of the following
acts:
Article 11.10: Exclusive Rights of Authors, Performers, and
9
Producers of Phonograms (a) wilful reception ;

1. Each Party shall provide to authors of works the exclusive right to 6
Where a Party is, or becomes, party to the WPPT, that Party’s obligations under this
authorise any communication to the public of their works, by wire Article shall be subject to any commitments and reservations that that Party has made,
or wireless means, including the making available to the public of or will make, under the WPPT.
their works in such a way that members of the public may access
these works from a place and at a time individually chosen by 7 Where a Party does not grant such rights to broadcasting organisations, it shall
them. provide owners of copyright in the subject matter of broadcasts with the possibility of
preventing the above acts, subject to the provisions of the Berne Convention.

2. Each Party shall provide to performers and producers of 8 Any Party may, in relation to the rights conferred under this paragraph, provide for
phonograms the exclusive right to authorise the making available conditions, limitations, exceptions, and reservations, to the extent permitted by the
5
Rome Convention.

5 For the purposes of this Chapter, a Party may interpret “producers of phonograms” 9 For greater certainty and for the purposes of subparagraphs 2(a) and (c), a Party may
as having the same meaning as “authors of sound recordings”. provide that wilful reception of an encrypted programme-carrying satellite signal means
reception and use of the signal, or reception and decoding of the signal.

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