APPENDIX DECLARATION RELATING TO ARTICLE XVII

The States which are members of the International Union for the

Protection of Literary and Artistic Works (hereinafter called "the

Berne Union") and which are signatories of this Convention,

Desiring to reinforce their mutual relations on the basis of the said

Union and to avoid any conflict which might result from the coexistence

of the Berne Convention and the Universal Copyright Convention,

Recognizing the temporary need of some States to adjust their level of

copyright protection in accordance with their stage of cultural, social

and economic development,

Have, by common agreement, accepted the terms of the following

declaration:

(a) Except as provided by paragraph (b), works which, according to the

Berne Convention, have as their country of origin a country which has

withdrawn from the Berne Union after 1 January 1951, shall not be

protected by the Universal Copyright Convention in the countries of the

Berne Union;

(b) Where a Contracting State is regarded as a developing country in

conformity with the established practice of the General Assembly of the

United Nations, and has deposited with the Director-General of the

United Nations Educational, Scientific and Cultural Organization, at

the time of its withdrawal from the Berne Union, a notification to the

effect that it regards itself as a developing country, the provisions

of paragraph (a) shall not be applicable as long as such State may

avail itself of the exceptions provided for by this Convention in

accordance with Article Vbis;

(c) The Universal Copyright Convention shall not be applicable to the

relationships among countries of the Berne Union in so far as it

relates to the protection of works having as their country of origin,

within the meaning of the Berne Convention, a country of the Berne

Union.

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