WORLD TRADE  
ORGANIZATION  RESTRICTED 
WT/ACC/YEM/39 
17 July 2012 
 (12-3909) 
Working Party on the 
Accession of Yemen Original:   English 
 
 
 
ACCESSION OF YEMEN 
 
Additional Questions and Replies 
 
 
 The following submission, dated 16 July 2012, is being circulated at the request of the Delegation of the Republic of Yemen.   
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 Page 1 
 
 
  Comments regarding Yemen's Law "On the Prot ection of Copyright and Related Rights" 
(Unofficial Translation) (June 2012) 
Question 1 
This Member thanks Yemen for this opportunity  to comment on the Law "On the Protection of 
Copyright and Related Rights" (Unofficial Translation) (June 2012).  
We recall that we previously submitted commen ts to the WTO regarding copyright issues in 
Yemen in April 2012 as well as in December 2010.  In  April, we requested the text of the latest 
version of the Draft Law "On Copyright and Related Rights" (Draft Law) as submitted to Parliament.  We have questions concerning certain provisions of the Law, as well as points that 
we think should be clarified.   
Scope of Exemptions:  First, this Member has qu estions concerning the apparent broad scope of 
exceptions to the protections of the Copyri ght Law, and the relationship between these 
exceptions and Article 13 of the TRIPS Agreement.  For example, under Article 40(2), it appears that entire textbooks could be copied at a university without compensation to the rights 
holders in those textbooks.  It also appea rs that news programmes could replay entire 
audiovisual works or sound recordings withou t compensating the rights holder.  See  Article 41.  
Further, it appears that entire literary wo rks can be quoted without compensation.  
See Article 40(3). 
Answer: 
- Yemen confirms that Article 40(2,3) and 41 of  the Copyright Law are consistent with the 
exceptions provided in Article 13 of the TR IPS Agreement and Articles (10) and (10 bis) of 
the Berne Convention. Article 40 (2) of the Copy right Law permits a limited use of a work for 
educational purposes, provided that such use sh all not be aimed to achieve commercial gains. 
- Article 40(3) permits quoting or extracts from another work with the objective of 
clarification, explanation or critique, provided that the source and the tittle of the author is indicated. 
- Article 41 of the Copyright Law allows using of  audiovisual works or sound recording as part 
of news replay for press purposes provided that sources referenced. 
Question 2 
National Treatment under the Berne Convention:  Additionally, it is unclear whether Yemen 
provides protection for the works of foreign nationals from non-members of the Berne 
convention where those works are first publishe d in a Berne country, or for non-Berne member 
nationals who are domiciled in a Berne country.  See, e.g.,  Article 9 of the TRIPS Agreement; 
Article 3 of the Berne Convention.  
Answer: 
Yemen is a member of the Berne Convention and Ar ticle 3 of the Berne Convention would be applied 
accordingly, including works protection for nationals  from Berne member countries, and by extension 
non Berne member nationals who are domiciled in a Berne member country whose works are first 
published in a Berne country. WT/ACC/YEM/39 
Page 2  
 
  Question 3 
Search Orders:  Articles 64 and 67 of Yemen's Copyright Law provide for, inter alia , inaudita 
altera parte  seizures.  It is unclear whether Articles 64 and 67 also provide for inaudita altera 
parte  search orders.  See, e.g., Article 50 of the TRIPS Agreement.  
Answer: 
Yemen confirms that Article (67) of the Copyright Law provides for inaudita altera parte  search 
orders in accordance with Article 50 of the TRIPS Ag reement.  As Article 67 implied that the court is 
entitled to adopt, inter alia , provisional measures inaudita altera parte  where any delay is likely to 
cause irreparable harm to the right holder, or wher e there is a demonstrable risk of evidence being 
destroyed. 
Question 4 Border Measures Exemptions:  Article 76 of Ye men's Copyright Law states small quantities 
including items shipped in small boxes, if of  a non-commercial nature, are exempt from the 
provisions of the Border Measures section of the Copyright Law.  Is there a separate regulation 
that defines "small quantities"?  An appropriate definition in this case, based on common 
practice, might be:  "up to and including three copies". 
Answer: 
The phrase "including items shipped in small boxes" mentioned in the above Question is not what is 
stated in the original text of Article 76 of the Copyright Law.  The right phrase interpreted is "small 
consignments" in compliance with Article 60 of the TRIPS Agreement.   
Question 5 
Computer Programs:  The Law protects "computer software" as a work.  This Member has a 
question as to whether "computer programs", incl uding source code and object code, shall be 
protected as "literary works".  See Article 10 of the TRIPS Agreement.  
Answer: 
Yemen confirms that literary works protected accord ing to Article 3 (b/10) of the Copyright Law 
include the protection of computer programs.  By extension source or object code are considered 
"literary works" and therefore they are protected accordingly. 
 
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