Protocol 3 annexed to the Universal Copyright Convention concerning the effective date of instruments of ratification or acceptance of or accession to that Convention
Related instruments
Text
States parties here to,
Recognizing that the application of the Universal Copyright Convention (hereinafter referred to as the "Convention") to States participating in all the international copyright systems already in force will contribute greatly to the value of the Convention;
Have agreed as follows:
1. Any State party hereto may, on depositing its instrument of ratification or acceptance of or accession to the Convention, notify the Director-General of the United Nations Educational, Scientific and Cultural Organization (hereinafter referred to as "Director-General") that that instrument shall not take effect for the purposes of Article IX of the Convention until any other State named in such notification shall have deposited its instrument.
2. The notification referred to in paragraph 1 above shall accompany the instrument to which it relates.
3. The Director-General shall inform all States signatory or which have then acceded to the Convention of any notifications received in accordance with this Protocol.
4. This Protocol shall bear the same date and shall remain open for signature for the same period as the Convention.
5. It shall be subject to ratification or acceptance by the signatory States. Any State which has not signed this Protocol may accede thereto.
6. (a) Ratification or acceptance or accession shall be effected by the deposit of an instrument to that effect with the Director-General.
(b) This Protocol shall enter into force on the date of deposit of not less than four instruments of ratification or acceptance or accession. The Director General shall inform all interested States of this date. Instruments deposited after such date shall take effect on the date of their deposit.
IN FAITH WHEREOF the undersigned, being duly authorized thereto, have signed this Protocol.
Done at Geneva, the sixth day of September 1952, in the English, French and the Spanish languages, the three texts being equally authoritative, in a single copy which shall be annexed to the original copy of the Convention. The Director-General shall send certified copies to the signatory States, to the Swiss Federal Council, and to the Secretary-General of United Nations for registration.
Opened for signature
| Country | Note | Date |
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| 6 September 1952 | ||
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| 30 December 1952 | ||
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Federal Republic of Germany | 6 September 1952 | |
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| 16 December 1952 | ||
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| 3 January 1953 | ||
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| 2 December 1952 | ||
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Declarations and Reservations
Hungary
(Translation) "(…) the Hungarian Permanent Delegation declares on behalf of the Presidential Council of the Hungarian People’s Republic that the provisions of Article XIII of the said Convention are contrary to the fundamental principle of international law concerning the self-determination of peoples, which the United Nations General Assembly also wrote into its resolution 1514(XV) on the granting of independence to colonial countries and peoples (…)" (see Letter CL/2117 of 7 December 1970).
Union of Soviet Socialist Republics
(Translation) "In acceding to the Universal (Geneva) Copyright Convention of 1952, the Union of Soviet Socialist Republics declares that the provisions of Article XIII of the Convention are outdated and are contrary to the Declaration of the General Assembly of the United Nations on the granting of independence to colonial countries and peoples (Resolution 1514(XV), 14 December 1960), which proclaims the necessity of bringing to a speedy and unconditional end colonialism in all its form and manifestations" (see Letter CL/2275 of 20 April 1973).
Territorial Application
| Notification by | Date of receipt of notification | Extension to |
|---|---|---|
| 24 January 1961 | Rwanda, Burundi (see Letter CL/1478 of 15 March 1961) | |
| 9 June 1997 | Hong Kong (see Note 1) (see Letter LA/DEP/1997/14) | |
| 2 December 1999 | Macau (see Letter LA/DEP/1999/22) | |
| 16 November 1955 | Departments of Algeria, Guadeloupe, Martinique, Guiana, Reunion (see Letter CL/1078 of 23 November 1955) | |
| 11 June 1964 | Cook Islands (including Niue), Tokelau Islands (see Letter CL/1736 of 6 August 1964) | |
| 23 July 1999 | Macau (see Letter LA/DEP/1999/11) | |
| 29 November 1961 | Isle of Man, Fiji, Gibraltar, Sarawak | |
| 4 February 1963 | Zanzibar, Bermuda, North Borneo (see Note 2), Bahamas | |
| 26 April 1963 | Virgin Islands | |
| 29 October 1963 | Falkland Islands (see Note 3), Kenya, St Helena, Seychelles | |
| 6 October 1964 | Mauritius | |
| 8 February 1966 | Bechuanaland, Montserrat, St Lucia | |
| 15 February 1966 | Grenada | |
| 11 March 1966 | Caiman Islands | |
| 15 March 1966 | British Guiana | |
| 19 July 1966 | British Honduras (see Note 5) | |
| 10 August 1967 | St Vincent | |
| 2 May 1973 | Hong Kong (see Letter CL/2298 of 14 August 1973) (see Note 5) | |
| 6 December 1954 | Alaska, Hawaii, Panama Canal Zone (see Note 6), Puerto Rico, Virgin Islands (see Letter CL/1013 of 4 January 1955) | |
| 17 May 1957 | Guam (see Letter CL/1213 of 18 June 1957) |
Notes
Note 1
On 9 June 1997, the Director-General of UNESCO received from the Government of the People’s Republic of China a notification informing him that "The Universal Copyright Convention (adopted on 6 September 1952, and as revised in 1971), to which the instrument of accession was deposited by the Government of People’s Republic of China on 30 July 1992 (hereinafter referred to as the Convention), which applies to Hong Kong at present, will continue to apply to the Hong Kong Special Administrative Region with effect from 1 July 1997, and meanwhile the Government of the People’s Republic of China states that the statement* made by the Government of the People’s Republic of China at the time when its instrument of accession was deposited in accordance with the provision of Para. 2, Article V of the Convention, applies also to the Hong Kong Special Administrative Region. [*Depositary’s note: the statement referred to indicated that the Government of the People’s Republic of China will avail itself of the exceptions for which provision is made in Article Vter and Vquater of the Convention]. Within the above ambit, responsibility for the international rights and obligations of a party to the above mentioned Convention will be assumed by the Government of the People’s Republic of China."
Note 2
On 3 May 1963, the Director-General of UNESCO received from the Government of the Republic of the Philippines a communication dated 16 April 1963 informing him that the Philippines Government does not recognize the declaration of the Government of the United Kingdom concerning the application of the provisions of the Universal Copyright Convention to North Borneo.
The Government of the United Kingdom informed the Director-General of UNESCO by a communication dated 29 August 1963 that "… Her Majesty's Government have no doubt of the validity of the declaration made by the United Kingdom whereby the Convention applies to North Borneo, a territory over which the United Kingdom has full sovereignty" (see Letter CL/1652 of 27 May 1963 and Letter CL/1678 of 25 September 1963).
Note 3
The Director-General of UNESCO received from the Government of Argentina a communication dated 28 January 1964 informing him that the Government of Argentina does not recognize the declaration of the Government of the United Kingdom concerning the application of the Convention to the Falkland Islands, South Georgia and the South Sandwich Islands.
The Government of the United Kingdom informed The Director-General of UNESCO by a communication dated 12 March 1964 that "… Her Majesty's Government … have no doubts as to their sovereignty over the Falkland Islands, South Georgia and the South Sandwich Islands and they reserve their rights in this matter …" (see Letter CL/1704 of 2 March 1964 and letter CL/1718 of 20 April 1964).
Note 4
On 27 September 1966 the Director-General of UNESCO received from the Government of Guatemala a communication dated 19 September 1966 informing him that this Government contests the inclusion of the territory of Belize within the English colonies and they reserve their rights on this Guatemalan territory.
The Government of the United Kingdom informed The Director-General of UNESCO by a communication dated 17 February 1967 that "… Her Majesty's Government … have no doubts as to their sovereignty over the territory of British Honduras and they reserve their rights in this matter …" (see Letter CL/1855 of 22 November 1966 and Letter CL/1872 of 11 April 1967).
Note 5
On 30 June 1997 the Director-General received from the Government of United Kingdom the following notification: "... in accordance with the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China on the Question of Hong Kong signed on 19 December 1984, the Government of the United Kingdom will restore Hong Kong to the People’s Republic of China with effect from 1 July 1997. The Government of the United Kingdom will continue to have international responsibility for Hong Kong until that date. Therefore, from that date the Government of the United Kingdom will cease to be responsible for the international rights and obligations arising from the application of the Convention to Hong Kong."
Note 6
Panama sent a communication dated 21 November 1957 contesting the right of the Government of the United States of America to extend the application of the Convention to the Panama Canal Zone.
The Government of the United States of America informed the Director-General of UNESCO by a communication dated 28 February 1958, that such extension was proper under Article 3 of its 1903 Treaty with Panama (see Letter CL/1963 of 13 February 1958 and Letter CL/1284 of 22 April 1958).