RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/101
12 May 1998
(98-1882)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions Posed by the United States
By means of communications from the Permanent Delegation of the United States, dated
8 May 1998, the Secretariat has received the following questions that the United States had
communicated to Bulgaria, Hungary, Poland and Romania.
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Page
Bulgaria 2
Hungary 2
Poland 3Romania 4IP/C/W/101
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BULGARIA
1. Please explain how national treatment, as required by TRIPS Article 3 (generally, with
respect to all copyrights and neighbouring rights) and Article 9.1 (incorporating Berne Article 5(1)), is
afforded with respect to the distribution of blank tape levies under Article 26 of the Bulgarian Law on
Copyright and Neighbouring Rights.
2. Does Bulgaria apply the "rule of the shorter term" to phonograms and performances from
other WTO Members?  If so, please explain ho w you justify such action under TRIPS Article 4.
3. Please explain whether and how Bulgaria protects against both the direct and indirect
reproduction of phonograms as required by TRIPS Article 14.2, including by digital transmission in
the context of subscription or interactive services.
4. Please confirm that Section 6 of the Additional Provisions to the Copyright Law provides full
retroactive protection to works, phonograms and performances from other WTO Members, asrequired by TRIPS Articles 9.1, 14.6 and 70.2, each of which incorporate by reference or rely upon
Berne Article 18.  Please give the date back to which such protection extends with respect to each
category of subject-matter.
5. Please explain how Bulgaria complies with Article 14.4 of TRIPS regarding rental rights for
producers of phonograms.
6. Article 25 of the Bulgarian Copyright Law provides an exemption for the reproduction for
personal use of published works other than computer software or architectural designs.  Please explain
how this provision complies with TRIPS Article 13 and Berne Article 9(2).
7. Article 23.7 of the Bulgarian Copyright Law provides an exemption for reproduction by
copier for educational purposes.  Please explain how this provision complies with TRIPS Article 13
and Berne Article 9(2).
8. Articles 21 and 22 of the Bulgarian Copyrigh t Law provide that in certain circumstances
broadcasts may be retransmitted by cable and satellite without compensation to the copyright owner.
Please explain how this complies with Berne Article 11 bis(2), as incorporated into TRIPS by
Article 9.1.
HUNGARY
1. Please explain whether and how Hungarian law provides protection for works, phonograms
and performances from other WTO Members, and whether and how it does so on the basis of national
treatment, as required by TRIPS Article 3 (generally, with respect to all copyrights and neighbouring
rights) and Article 9.1 (incorporating Berne Article 5(1)).  In particular, please explain how national
treatment is afforded with respect to the distribution of blank tape levies under Article 50J of the
Hungarian Law on Copyright and Neighbouring Rights.
2. Does Hungary apply the "rule of the shorter term" to phonograms and performances from
other WTO Members?  If so, please explain ho w you justify such action under TRIPS Article 4.
3. Please explain whether and how Hungary protects against both the direct and indirect
reproduction of phonograms as required by TRIPS Article 14.2, including by digital transmission in
the context of subscription or interactive services.IP/C/W/101
Page 3
4. Please explain whether and how Hungary provides full retroactive protection to works,
phonograms and performances from other WTO Members, as required by TRIPS Articles 9.1, 14.6
and 70.2, each of which incorporate by reference or rely upon Berne Article 18.  Please give the date
back to which such protection extends with respect to each category of subject matter.
5. Please explain whether and how compilations of data, including those that are
computer-generated, are protected by Hungar ian law as required by TRIPS Article 10.2.
6. Please explain how Article 17(2), which permits the reproduction of any part of a work or the
whole of a work of small size for educational or scientific purposes, complies with Berne Article 9(2)
and TRIPS Article 13.
7. Please confirm whether and how Hungarian law pr ovides rental rights for computer programs
as required by TRIPS Article 11.
8. Please explain how Article 21, which permits the performance of  a work for educational
purposes, complies with Berne Articles 11 and 11 ter  and TRIPS Article 13.
POLAND
1. Please explain whether and how Polish law provides protection for works, phonograms and
performances from other WTO Members, and whether and how it does so on the basis of national
treatment, as required by TRIPS Article 3 (generally, with respect to all copyrights and neighbouringrights) and Article 9.1 (incorporating Berne Article 5(1)).  In particular, please explain how national
treatment is afforded with respect to the distribut ion of blank tape and recording device levies under
Article 20 of the Polish Law of Copyright and Neighbouring Rights.
2. Does Poland apply the "rule of the shorter term" to phonograms and performances from other
WTO Members?  If so, please explain how y ou justify such action under TRIPS Article 4.
3. Please explain whether and how Poland protects against both the direct and indirect
reproduction of phonograms as required by TRIPS Article 14.2, including by digital transmission in
the context of subscription or interactive services.
4. Please explain whether and how Poland provides full retroactive protection to works,
phonograms and performances from other WTO Members, as required by TRIPS Articles 9.1, 14.6and 70.2, each of which incorporate by reference or rely upon Berne Article 18.  Please give the date
back to which such protection extends with respect to each category of subject matter.
5. Please confirm whether and how Polish law provides rental rights for computer programs and
phonograms as required by TRIPS Articles 11 and 14.4.
6. Please explain whether and how Chapter 3, Section 2 of  Polish Law of Copyright and
Neighbouring Rights regarding "Economic Rights" provides the rights of translation, adaptation,
arrangement and alteration as required by Berne Articles 8, 12 and 14 (as incorporated byTRIPS Article 9.1).
7. Article 24.1 of the Polish Law of Copyright and Neighbouring Rights permits the
retransmission of radio and television broadcasts by cable systems to multiple residences and
recipients so long as the retransmission is complete, simultaneous and without charge.  Please explain
how this complies with TRIPS Article 13 and Berne Article 11 bis(2), as incorporated into TRIPS by
Article 9.1.IP/C/W/101
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8. Article 28 of the Polish Law of Copyright and Neighbouring Rights provides an exception to
the reproduction right for libraries for works "unavailable on the market."  Article 29 permits
reproduction of works in creating anthologies for the purpose of  teaching and criticism, as well as a
compulsory license to copy portions of works into a collection for "teaching and scientific" purposes.
Please explain how these exceptions comply with TRIPS Article 13 and Berne Article 9(2), asincorporated into TRIPS by Article 9.1.
ROMANIA
1. Please explain whether and how Romanian law provides protection for works, phonograms
and performances from other WTO Members, and whether and how it does so on the basis of national
treatment, as required by TRIPS Article 3 (generally, with respect to all copyrights and neighbouring
rights) and Article 9.1 (incorporating Berne Article 5(1)).  In particular, please explain how national
treatment is afforded with respect to the distribution of blank tape levies under Article 34 of theRomanian Law on Copyright and Neighbouring Rights.
2. Does Romania apply the "rule of the shorter term" to phonograms and performances from
other WTO Members?  If so, please explain ho w you justify such action under TRIPS Article 4.
3. Please explain whether and how Romania protects against both the direct and indirect
reproduction of phonograms as required by TRIPS Article 14.2, including by digital transmission inthe context of subscription or interactive services.
4. Please explain whether and how Romania provides full retroactive protection to works,
phonograms and performances from other WTO Members, as required by TRIPS Articles 9.1, 14.6
and 70.2, each of which incorporate by reference or rely upon Berne Article 18.  Please give the date
back to which such protection extends with respect to each category of subject matter.
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