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The present Convention shall replace, in the relations between the
contracting States, the Convention of Berne of September 9, 1886,
including the Additional Article and the Final Protocol of the same day, as
well as the Additional Act, and the Interpretative Declaration of May 4,
1896. The conventional acts above-mentioned shall remain in force in the
relations with the States which do not ratify the present Convention.
Signatory States may declare themselves bound by former Conventions upon certain
points

The States signatory to the present Convention may, at the time of the
exchange of ratifications, declare that they intend, upon such or such
point, still to remain bound by the provisions of the Conventions to which
they have previously subscribed.
Article 28
Convention to be ratified

The present Convention shall be ratified, and the ratifications exchanged

at Berlin, not later than the first of July, 1910.
Exchange of ratifications

Each contracting party shall send, for the exchange of ratifications, a

single instrument, which shall be deposited, with those of the other
countries, in the archives of the Government of the Swiss Confederation.
Each party shall receive in return a copy of the procès-verbal of the
exchange of ratifications, signed by the Plenipotentiaries who shall have
taken part therein.
Article 29
Convention to take effect three months after exchange of ratifications

The present Convention shall be put in force three months after the
exchange of the ratifications, and shall remain in effect for an indefinite
period until the termination of a year from the day on which it may have
been denounced.
Denunciation of Convention

This denunciation shall be addressed to the Government of the Swiss

Confederation. It shall only take effect in respect of the country which
shall have made it, the Convention remaining operative for the other
countries of the Union.
Article 30
Adoption of term of life and 50 years to be notified

The States which introduce into their legislation the term of protection of
fifty years,[4] provided for by Article 7, paragraph 1, of the present
Convention, shall make it known to the Government of the Swiss
Confederation by a written notification which shall be communicated at
once by that Government to all the other countries of the Union.
Notice shall be given of renouncement of any reservations

It shall be the same for such States as shall renounce any reservations
made by them in virtue of Articles 25, 26, and 27.
Signature

In testimony of which, the respective Plenipotentiaries have signed the

present Convention and have attached thereto their seals.
Date of signing, November 13, 1908

Done at Berlin, the thirteenth of November, one thousand nine hundred

eight, in a single copy, which shall be deposited in the archives of the
Government of the Swiss Confederation, and of which copies, properly
certified, shall be sent through diplomatic channels to the contracting
countries.
[4] Article 7 provides for a general term of protection for life and fifty years.
 IV

PAN AMERICAN UNION: CONVENTIONS

II. MONTEVIDEO CONVENTION, 1889

Treaty on Literary and Artistic Copyright Adopted January 11, 1889

Article 1
Union to protect literary and artistic property

The contracting States promise to recognize and protect the rights of

literary and artistic property, according to the provisions of the present
treaty.
Article 2
Authors shall enjoy rights secured in country of origin

The author of any literary or artistic work, and his successors, shall enjoy
in the contracting States the rights accorded him by the law of the State
in which its original publication or production took place.
Article 3
Definition of copyright

The author's right of ownership in a literary or artistic work shall comprise

the right to dispose of it, to publish it, to convey it to another, to translate
it or to authorize its translation, and to reproduce it in any form
whatsoever.
Article 4
Term not to exceed that of country of origin

No State shall be obliged to recognize the right to literary or artistic

property for a longer period than that allowed to authors who obtain the
same right in that State. This period may be limited to that prescribed in
the country where it originates, if such period be the shorter.
Article 5
Definition of "literary and artistic work"

By the expression literary or artistic works is understood all books,

pamphlets, or other writings, dramatic or dramatico-musical works,
chorographies, musical compositions with or without words, drawings,
paintings, sculptures, engravings, photographs, lithographs, geographical
maps, plans, sketches, and plastic works relating to geography,
topography, architecture, or to the sciences in general; and finally every
production in the field of literature or art which may be published in any
way by printing or reproduction.
Article 6
Translation rights

The translators of works of which a copyright either does not exist or has
expired, shall enjoy with respect to their translations the rights declared
in Article 3, but they shall not prevent the publication of other translations
of the same work.
Article 7
Newspaper articles

Newspaper articles may be reproduced upon quoting the publication from

which they are taken. From this provision articles relating to the sciences
or arts, and the reproduction of which shall have been prohibited by the
authors are excepted.
Article 8
Addresses

Speeches pronounced or read in deliberative assemblies, before tribunals

of justice, or in public meetings, may be published in the public press
without any authorization whatsoever.
Article 9
Infringements defined
Under the head of illicit reproductions shall be classed all indirect,
unauthorized appropriations of a literary or artistic work, which may be
designated by different names as adaptations, arrangements, etc., etc.,
and which are no more than a reproduction without presenting the
character of an original work.
Article 10
Authority recognized

The rights of authorship shall be allowed, in the absence of proof to the

contrary, in favor of the persons whose names or pseudonyms shall be
borne upon the literary or artistic works in question.
If the authors wish to withhold their names, they should inform the
editors that the rights of authorship belong to them.
Article 11
Each government to exercise supervision

Those who usurp the right of literary or artistic property shall be brought
before the courts and tried according to the laws of the country in which
the fraud may have been committed.
Article 12
Immoral works

The recognition of the right of ownership of literary and artistic works

shall not prevent the contracting States from preventing by suitable
legislation the reproduction, publication, circulation, representation, or
exhibition of all works which may be considered contrary to good morals.
Article 13
Ratification

The simultaneous ratification of all the contracting nations shall not be

necessary to the effectiveness of this treaty. Those who adopt it will
communicate the fact to the Governments of the Argentine Republic and
the Eastern Republic of Uruguay, who will inform the other contracting
nations. This formality will take the place of an exchange.
 Article 14
Indefinite period

The exchange having been made in the manner prescribed in the

foregoing article, this treaty shall remain in force for an indefinite period
after that act.
Article 15
Withdrawals

If any of the contracting nations should deem it advisable to be released

from this treaty, or introduce modifications in it, said nation shall so
inform the rest; but it shall not be released until two years after the date
of notification, during which time measures will be taken to effect a new
arrangement.
Article 16
Adherences

The provisions of Article 13 are extended to all nations who, although not
represented in this Congress, may desire to adopt the present treaty.
Signatories

The seven countries represented and whose delegates signed the

Montevideo treaty were: Argentina, Bolivia, Brazil, Chile, Paraguay, Peru,
Uruguay. But the convention was ratified only by Argentina, Paraguay,
Uruguay, Peru and Bolivia, and Brazil and Chile did not become
participants. Participation of Belgium, France, Italy and Spain in this
convention was accepted by Argentina and Paraguay, but apparently not
by the other countries.

12. MEXICO CITY CONVENTION, 1902

Convention to protect Literary and Artistic Property, signed at Mexico, January

27, 1902
Article 1
 Union to protect literary and artistic property

The signatory States constitute themselves into a Union for the purpose
of recognizing and protecting the rights of literary and artistic property, in
conformity with the stipulations of the present Convention.
Article 2
Definition of "literary and artistic works"

Under the term "literary and artistic works" are comprised books,
manuscripts, pamphlets of all kinds, no matter what subject they may
treat of and what may be the number of their pages; dramatic or
melodramatic works; choral music and musical compositions, with or
without words; designs, drawings, paintings, sculpture, engravings,
photographic works; astronomical and geographical globes; plans,
sketches, and plastic works, relating to geography or geology, topography
or architecture, or any other science; and, finally, every production in the
literary and artistic field which may be published by any method of
impression or reproduction.
Article 3
Definition of copyright

The copyright to literary or artistic work consists in the exclusive right to

dispose of the same, to publish, sell, and translate the same, or to
authorize its translation, and to reproduce the same in any manner either
entirely or partially.
Exclusive right of translation

The authors belonging to one of the signatory countries, or their assigns,

shall enjoy in the other signatory countries and for the time stipulated in
Article 5 the exclusive right to translate their works or to authorize their
translation.
Article 4
Application for copyright and deposit of two copies

In order to obtain the recognition of the copyright of a work, it is

indispensable that the author or his assigns or legitimate representative,
shall address a petition to the official department which each Government
may designate, claiming the recognition of such right, which petition must
be accompanied by two copies of his work, said copies to remain in the
proper department.
One additional copy to be deposited for each country
Copies and certificates of registration to be transmitted

If the author or his assigns should desire that this copyright be

recognized in any other of the signatory countries, he shall attach to his
petition a number of copies of his work equal to that of the countries he
may therein designate. The said department shall distribute the copies
mentioned among those countries, accompanied by a copy of the
respective certificate, in order that the copyright of the author may be
recognized by them.
Any omissions which the said department may incur in this respect shall
not give the author or his assigns any rights to present claims against the
State.
Article 5
Authors shall enjoy rights secured in country of origin for like term

The authors who belong to one of the signatory countries, or their

assigns, shall enjoy in the other countries the rights which their
respective laws at present grant, or in the future may grant, to their own
citizens, but such right shall not exceed the term of protection granted in
the country of its origin.
Works in parts or in several volumes

For the works composed of several volumes which are not published at
the same time, as well as for bulletins or installments of publications of
literary or scientific societies or of private parties, the term of property
shall commence to be counted from the date of the publication of each
volume, bulletin, or installment.
Article 6
Country of first publication country of origin

The country in which a work is first published shall be considered as the

country of its origin, or, if such publication takes place simultaneously in
several of the signatory countries, the one whose laws establish the
shortest period of protection shall be considered as the country of its
origin.
Article 7
Translations protected

Lawful translations shall be protected in the same manner as original

works. The translators of works in regard to which there exists no
guaranteed right of property, or the right of which may have become
extinguished, may secure the right of property for their translations, as
established in Article 3, but they shall not prevent the publication of other
translations of the same work.
Article 8
Newspaper articles

Newspaper articles may be reproduced, but the publication from which

they are taken must be mentioned, and the name of the author given, if
it should appear in the same.
Article 9
Works bearing names of authors or pseudonyms protected

Copyright shall be recognized in favor of the persons whose names or

acknowledged pseudonyms are stated in the respective literary or artistic
work or in the petition to which Article 4 of this Convention refers,
excepting case of proof to the contrary.
Article 10
Addresses

Addresses delivered or read in deliberative assemblies, before the courts

of justice, and in public meetings may be published in the newspaper
press without any special authorization.
Article 11
Fragments of literary or artistic works
The reproduction in publications devoted to public instruction or
chrestomathy of fragments of literary or artistic works confers no right of
property, and may therefore be freely made in all the signatory countries.
Article 12
Infringement defined

All unauthorized indirect use of a literary or artistic work which does not
present the character of an original work shall be considered as an
unlawful reproduction.
It shall be considered in the same manner unlawful to reproduce in any
form an entire work, or the greater part of the same, accompanied by
notes or commentaries, under the pretext of literary criticism or of
enlargement or completement of an original work.
Article 13
Fraudulent copies to be sequestrated, etc.

All fraudulent works shall be liable to sequestration in the signatory

countries in which the original work may have the right of legal
protection, without prejudice to the indemnity or punishments to which
the falsifiers may be liable according to the laws of the country in which
the fraud has been committed.
Article 14
Each Government to exercise supervision

Each one of the Governments of the signatory countries shall remain at

liberty to permit, exercise vigilance over, or prohibit the circulation,
representation and exposition of any work or production in respect to
which the competent authorities shall have power to exercise such right.
Article 15
Convention to take effect three months after ratification

The present Convention shall take effect between the signatory States
that ratify it, three months from the day they communicate their
ratification to the Mexican Government, and shall remain in force among
all of them until one year from the date it is denounced by any of said
States. The notification of such denouncement shall be addressed to the
Mexican Government and shall only have effect in so far as regards the
country which has given it.
Article 16
Adherence of nations not represented at 2d Int. Am. Conference

The Governments of the signatory states, when approving the present

Convention, shall declare whether they accept the adherence to the same
by the nations which have had no representation in the Second
International American Conference.
In testimony whereof the Plenipotentiaries and Delegates sign the
present Convention and set thereto the seal of the Second International
American Conference.
Signed at City of Mexico, Jan. 27, 1902

Made in the City of Mexico, on the twenty-seventh day of January,

nineteen hundred and two, in three copies written in Spanish, English,
and French, respectively, which shall be deposited at the Department of
Foreign Relations of the Government of the Mexican United States, so
that certified copies thereof may be made, in order to send them through
the diplomatic channel to the signatory States.

13. RIO DE JANEIRO CONVENTION, 1906

Convention, signed at Rio de Janeiro, August 23, 1906, to protect Patents of

Invention, Drawings and Industrial Models, Trade-Marks, and Literary and
Artistic Property
Article 1
Patents, trade-marks, copyrights

The subscribing nations adopt in regard to patents of invention, drawings

and industrial models, trade-marks, and literary and artistic property the
treaties subscribed at the Second International Conference of American
States, held in Mexico on the 27th of January, 1902, with such
modifications as are expressed in the present Convention.
Article 2
Union; Bureaus at Havana and Rio de Janeiro

A union is constituted of the nations of America, which will be rendered

effective by means of two Bureaus, which will be maintained, one in the
city of Havana and the other in that of Rio de Janeiro, each working
closely with the other, to be styled Bureaus of the International American
Union for the Protection of Intellectual and Industrial Property, and will
have for their object the centralization of the registration of literary and
artistic works, patents, trade-marks, drawings, models, etc., which will be
registered, in each one of the signatory nations, according to the
respective treaties and with a view to their validity and recognition by the
others.
Registration optional

This international registration is entirely optional with persons interested,

since they are free to apply, personally or through an attorney-in-fact, for
registration in each one of the States in which they seek protection.
Article 3
Bureau at Havana

The Bureau established in the city of Havana will have charge of the
registrations from the United States of America, the United States of
Mexico, Venezuela, Cuba, Haiti, San Domingo, San Salvador, Honduras,
Nicaragua, Costa Rica, Guatemala, Panama, and Colombia.
Bureau at Rio de Janeiro

The Bureau established in the city of Rio de Janeiro will attend to the
registrations coming from the republics of the United States of Brazil,
Uruguay, Argentine Republic, Paraguay, Bolivia, Chile, Peru, and Ecuador.
Article 4
Bureaus to be considered as one
For the purpose of the legal unification of the registration, the two
International Bureaus, which are divided merely with a view to greater
facility of communication, are considered as one, and to this end it is
established that (a) both shall have the same books and the same
accounts kept under an identical system; (b) copies shall be transmitted
monthly from one to the other, authenticated by the Governments in
whose territories they have their seat, of all the registrations,
communications, and other documents affecting the recognition of the
rights of proprietors or authors.
Article 5
Copies of registrations to be transmitted

Each one of the Governments adhering to the Union will send at the end
of each month to the proper Bureau, according to Art. 3, authenticated
copies of all registrations of trade-marks, patents, drawings, models, etc.,
and copies of the literary and artistic works registered in them, as well as
of all lapses, renunciations, transfers, and other alterations occurring in
proprietary rights, according to the respective treaties and laws, in order
that they may be sent out or distributed and notice given of them as the
case may be by the International Bureau to those nations in direct
correspondence therewith.
Article 6
Bureaus to transmit certificates

The registration or deposit of drawings, models, etc., made in the country

of origin according to the national law of the same and transmitted by the
respective administration to the International Bureau, shall be by such
Bureau laid before the other countries of the Union, by which it shall be
given full faith and credit, except in the case provided for in Art. 9 of the
Treaty on Patents, Trade-Marks, etc., of Mexico, and in case the
requirements essential to the recognition of international property are
lacking where literary or artistic works are involved according to the
treaty thereon subscribed in Mexico.
Protection to be allowed or refused within one year

In order that the States forming the Union may accept or refuse the
recognition of the rights granted in the country of origin, and for the
further legal purposes of such recognition, such States shall be allowed a
term of one year from the date of notification by the proper office for the
purpose of so doing.
Notification in case protection is not allowed

In case patents, trade-marks, drawings, models, etc., or the right to

literary or artistic works shall fail to obtain recognition on the part of any
one of the offices of the States forming the Union, the International
Bureau shall be made acquainted with the facts and reasons of the case
in order that in its turn these facts may be transmitted by it to the office
of origin and to the interested party, for proper action according to local
law.
Article 7
Registration in country of origin to have same effect as registration in each country
Term of protection, that of country of origin

Every registration or recognition of intellectual and industrial rights made

in one of the countries of the Union and communicated to the others
according to the form prescribed in the preceding articles shall have the
same effect that would be produced if said registration or recognition had
taken place in all of them, and every nullification or lapse of rights
occurring in the country of origin and communicated in the same form to
the others shall produce in them the same effect that it would produce in
the former.
If no term by law, then as specified
Copyright, 25 years after death of author

The period of international protection derived from the registration shall

be that recognized by the laws of the country where the rights originated
or have been recognized; and if said laws do not provide for such matters
or do not specify a fixed period, the respective periods shall be: for
patents, 15 years; for trade-marks or commercial designs, models, and
industrial drawings, 10 years; for literary and artistic works, 25 years,
counting from the death of the author thereof. The first two periods may
be renewed at will by giving the same form as in the case of the first
registration.
Article 8
 Regulations to govern Bureaus
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 Washington, and in this
particular they shall be placed under the control of those Governments
within whose territories they are established.
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
Functions of Bureaus:

In addition to the functions prescribed in the preceding articles, the

International Bureaus shall have the following:
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;
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
documents forwarded to them by the offices of the subscribing countries;
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;
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;
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;
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 institution with similar bureaus,
and institutions, and with scientific, literary, artistic, and industrial
corporations of Europe and America;
7. To act as agent for each of the Governments concerned

7th. To coöperate 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
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 constitution; in all other cases the said
treaties shall remain in force and the present Convention shall be
considered additional thereto.
Article 11
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.
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
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.
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.
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
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
Definition of "literary and artistic works"

In the expression "Literary and artistic works" are included books,

writings, pamphlets of all kinds, whatever may be the subject of which
they treat and whatever the number of their pages; dramatic or
dramatico-musical works; choreographic and musical compositions, with
or without words; drawings, paintings, sculpture, engravings;
photographic works; astronomical or geographical globes; plans, sketches
or plastic works relating to geography, geology or topography,
architecture or any other science; and, finally, all productions that can be
published by any means of impression or reproduction.
Article 3
Formalities

The acknowledgment of a copyright obtained in one State, in conformity

with its laws, shall produce its effects of full right in all the other States
without the necessity of complying with any other formality, provided
always there shall appear in the work a statement that indicates the
reservation of the property right.
Article 4
Definition of copyright

The copyright of a literary or artistic work includes for its author or

assigns the exclusive power of disposing of the same, of publishing,
assigning, translating, or authorizing its translation and reproducing it in
any form whether wholly or in part.
Article 5
Authorship recognized

The author of a protected work, except in case of proof to the contrary,

shall be considered the person whose name or well-known nom de plume
is indicated therein; consequently suit brought by such author or his
representative against counterfeiters or violators shall be admitted by the
courts of the signatory States.
Article 6
Authors to enjoy rights secured in country of origin for like term

The authors or their assigns, citizens or domiciled foreigners, shall enjoy

in the signatory countries the rights that the respective laws accord,
without those rights being allowed to exceed the term of protection
granted in the country of origin.
Works in parts or in several volumes
For works comprising several volumes that are not published
simultaneously, as well as for bulletins, or parts, or periodical
publications, the term of the copyright will commence to run, with respect
to each volume, bulletin, part, or periodical publication, from the
respective date of its publication.
Article 7
Country of first publication country of origin

The country of origin of a work will be deemed that of its first publication
in America, and if it shall have appeared simultaneously in several of the
signatory countries, that which fixes the shortest period of protection.
Article 8
Subsequent editions non-copyright

A work which was not originally copyrighted shall not be entitled to

copyright in subsequent editions.
Article 9
Translation protected

Authorized translations shall be protected in the same manner as original

works.
Translators of works concerning which no right of guaranteed property
exists, or the guaranteed copyright of which may have been extinguished,
may obtain for their translations the rights of property set forth in Article
3d but they shall not prevent the publication of other translations of the
same work.
Article 10
Addresses

Addresses or discourses delivered or read before deliberative assemblies,

courts of justice, or at public meetings may be printed in the daily press
without the necessity of any authorization, with due regard, however, to
the provisions of the domestic legislation of each nation.
Article 11