Regulations under the Treaty on the International Registration of Audiovisual Wo

CONTENTS

Rule 1: Definitions

Rule 1bis: Eligibility in the Case of Several Applicants

Rule 2: Application

Rule 3: Processing of the Application

Rule 4: Date and Number of the Registration

Rule 5: Registration

Rule 6: The Gazette

Rule 7: Inquiries

Rule 8: Fees

Rule 9: Administrative Instructions
 

 

Rule 1
Definitions

 

For the purposes of these Regulations,

(i) “Treaty” means the Treaty on the International Registration of Audiovisual Works;

(ii) “International Register” means the International Register of Audiovisual Works established by the Treaty;

(iii) “International Registry” means the administrative unit of the International Bureau that keeps the International Register;

(iv) “work” means audiovisual work;

(v) “work–related application” means an application that identifies an existing or future work at least by its title or titles and requests that statements in respect of the interest of an identified person or identified persons in or concerning that work be registered in the International Register; “work–related registration” means a registration effected pursuant to a work–related application;

(vi) “person–related application” means an application that describes one or more existing or future work or works, not identified by its or their title or titles, at least by indicating the natural person who or legal entity which has made, or owns, or is expected to make or own, the work or works, and requests that statements in respect of the interest of the applicant, or of a third person identified in the application, be registered in the International Register; “person–related registration” means a registration effected pursuant to a person–related application;

(vii) “application” or “registration”–unless qualified as “work–related” or “person–related”–means both a work–related and a person–related application or registration;

(viii) “applicant” means the natural person who or the legal entity which filed the application; “holder of the registration” means the applicant once the application has been registered;

(ix) “prescribed” means as prescribed in the Treaty, in these Regulations or in the Administrative Instructions;

(x) “Consultative Committee” means the consultative committee referred to in Article 5(3)(a)(vii) of the Treaty.

 

Rule 1bis
Eligibility in the Case of Several Applicants

Where more than one natural person or legal entity files the same application, the requirements specified in Article 3(5)(a) of the Treaty shall be considered as fulfilled if any of them is entitled to file an application under the said Article.

 

Rule 2
Application

 

(1) [Forms] Any application shall be filed by using the appropriate prescribed form.

(2) [Language] Any application shall be in the English language or in the French language. As soon as the International Register is financially self–supporting, the Assembly may determine the other languages in which applications may be filed.

(3) [Name and Address of Applicant] Any application shall indicate, as prescribed, the name and address of the applicant.

(4) [Name and Address of Certain Third Persons Referred to in the Application] Where an application refers to a natural person or legal entity, other than the applicant, from whom or from which a right of exploitation is derived, or to whom or to which such a right is assigned, licensed or otherwise transferred, the application shall indicate, as prescribed, the name and address of such person or entity.

(5) [Title or Description of the Work]

(a) Any work–related application shall indicate at least the title or titles of the work. When a title is in a language other than English or French or in a script other than the Latin script, it shall be accompanied by a literal translation into English or a transliteration into Latin script, as the case may be.

(b) Any person–related application shall describe the work or works in which the applicant has an interest. It shall do so by at least indicating the natural person who or the legal entity which has made or owns, or is expected to make or own, the work or works.

(6) [Reference to Existing Registration] When the application relates to a work which is the subject matter of an existing work–related registration, or to a work which is described in an existing person–related registration, the said application shall, whenever possible, indicate the registration number of the said registration. If the International Registry finds that such an indication would be possible but was not given in the application, it may, itself, indicate such number in the registration, subject to noting in the International Register that the indication comes from the International Registry rather than the applicant.