WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPINIlISWZ/C/3 
5 May 2004 
(04-1997) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
SWAZILAND 
The present document reproduces the texe of the Copyright (Rome Convention) Act No. 1 
of 1933, as notified by Swazi1and under Article 63.2 of the Agreement (see document IPINIlISWZIl). 
Conseil des aspects des droits de proprit~te 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
SWAZILAND 
Le present document contient le texte1 de la Loi n° 1 de 1933 sur le droit d'auteur (Convention 
de Rome), notifiee par le Swazi1and au titre de l'article 63:2 de l'Accord (voir le document 
IPIN/1/SWZIl). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PA.RRAFO 2 
DEL ARTICULO 63 DEL ACUERDO 
SW AZILANDIA 
En el presente documento se reproduce el texto1 de la Ley de Derecho de Autor (Convenci6n 
de Roma) , N° 1 de 1933, que Swazilandia ha notificado en virtud del parrafo 2 del articulo 63 del 
Acuerdo (vease el documento IPIN/1/SWZ/1). 
1 In English only'/En anglais seulement.!En ingles solamente. IP 1N/1ISWZ/C/3 
Page 2 
THE COPYRIGHT (ROME CO~TVENTION) ACT, 1933. 
Date of commencement: 16th March, 1933. 
An Act to irnpiement the Rome Convention scheduled thereto. 
Shurt titlc. 
1. This Act may be cited as the Copyright (Rome Convention) Act, 1933. 
Application to foreign cOllntries. 
2. This Act relates to the following foreign countries, that is to say: Austria, Belgium, 
Brazil, Bulgaria, Czecho-Slovakia, Free Ciry of Dantzig, Denmark, with the Faroe Islands, 
Estonia, Finland, France ·with Algeria and Colonies, Germany, Greece, Hayti, Hungary, 
Italy, Japan with Korect, Formosa, Japanese SaghaEen and Kwantung Leased Territory, 
Liechtenstein, Luxembourg, Jv1onaco, Morocco (French Zone), Netherlands with the 
Netherlands East Indies, Surinam aDd Curacao, Norv-:ay, Poland, Portugal with ColoJlies, 
Roumania, Siam, Spain ,;;;ith Colonies, Sweden, Sw·itzerland, Syria and Lebanon, Tunis· 
and Yugo-Slavia (which are hereinafter referred to as the foreign countries of the Copyright 
Union). 
Reciprocal apphcation of Copyright Act, 1912, Oll conditions. 
3. The Copyright Act, 1912, shall apply: 
Ca) to works first published in a foreign country of the Copyright Union, in 
like manner as if they were first published within the parts of the British 
Commonwealth to which the Copyright Act 1911 of the United Kingdom 
extends: 
Cb) to literary, dramatic, musical and artistic works, or any class the:r;:eof, the 
authors whereof were at the time of the making of the work subjects ·or 
citizens of a foreign country of the Copyright Union, in like manner as if 
the authors were British subjects: 
(c) in respect of residence in a: foreign country ofthe Copyright Union, in like 
manner as if such residence were residence in the parts of the British Com­
monwea1th to which the said Copyright Act, 1911 of-the United Kingdom 
extends: 
Provided that -
Ci) the term of copyright within the parts of the British Commonwealth 
to which this Act applies shall not exceed that cor.Jerred by the 
law of the country of origin of the work; 
(ii) the enjoyment of the rights conferred by the Copyright Act, 1912, 
shall be subject to the accomplishment of the following conditions 
and formalities, that is to say: IP/NI1 ISWZ/C/3 
Page 3 
Ca) in the case of any newspaper or magazine article on 
current econorrilc political or religious t~ics (not being 
a serial story or tale) the right to prevent the reproduction 
of such article (either in the original language or in a 
translation) in another newspaper or magazine with an 
indication of the source shall be conditional upon re­
production being forbidden by express declaration in 
some conspicuous part of the newspaper or magazine in 
which the article is published: 
(b) in the case of any literary or dramatic work of which 
the country of origin is Greece, Estonia, Japan with 
Korea, Formosa, Japanese Saghalien and Kwantung 
Leased Territory, or Siam the right after the eXpiration 
of ten years from the end of the year in which the work 
or in the case of a book published in numbers each 
number of the work was first published to prevent the 
production, reproduction, performance in public or 
publication of any translation of the work shall be 
conditional upon the pUblication before the expiration 
of the above-mentioned period and within the parts of 
the British Commonwealth to which this Act applies or 
within any foreign country of the Copyright Union of 
an authorised translation in the language for which· 
protection is claimed of the work or of each number of 
the work: 
(c) in the case of any literary or dramatic work of which the 
country of origin is Yugo-Slavia the right after the 
expiration of ten years fJom the end of the year in which 
the work or in the case of a book publjshed in numbers 
each number of the work was :first published to prevent 
the production, reproduction or publication of any 
&~~~~~clilie~~~illbe~ili~al 
upon the public?<tiOIl before the expiI2..tion of the above­
mentioned period and within the parts of the British 
Commonwealth to which this Act applies or within any 
foreign country of the Copyright Union of an authorised 
English translation of the work or of each number of the 
work: 
(d) in the case of any published musical work of which the 
country of origin is Greece or Siam the right to prevent 
performance in public shall be conditional upon perform­
ance in public being forbidden by an express declaration 
011 the title-page or commencement of the work: and 
(c) in the case of any work of which the country of origin is 
Siam, the rights conferred by the Copyrigbt Act, 1912 shall 
be conditional upon the accomplishment of the condi­
tions and formalities prescribed by law in Siam: 
(iii) in the application to any work to which protection is given by this 
Act of sections 3(2)(d) and 18 of the Copyright Act, 1912, the date 
sho'iVD in the second column of the Third Schedule to this Act 
against the name of the country of origin of the said work shall be IPINIl/SWZIC/3 
Page 4 
substituteCl for the commencement of the said Copyright Act, 
1912 and the date shown in the third c01umn of the said schedule 
against the name of the country of origin shaD be substituted for 
the passing of that Act in sections 18 (7) and (8) wherever those 
expreSSlOns occur: 
(iv) where any musical work to which the Copyright Act, 1912, is 
applied by this Act has been published before the date shown in the 
second column of the Third Schedule to this Act against the name 
of the country of origin of the said work, but no contrivance by 
means of which the work may be mechanically performed has 
before the said date been laVirfully made or placed on sale v,rithin 
the parts of the British Commonwealth to which this Act applies, 
copyright in such work shall include all rights conferred by the 
said Copyright Act with respect to themakmg of records, perforated 
ro11s and other contrivances by means of which the work may be 
mechanically performed: 
(v) in the application of this Act to Palestine and to Tanganyika Terri­
tory respectiveJY,the last foregoing proviso shaD not have effect 
as respects any work if any contrivance by means of which that 
work may be rnechanica11y perfoIDled has been lav.rfully made or 
placed on sale within Palestine or, as the case may be, within 
Tanganyika Territory before the fonowing dates respectively, that 
is to say, in the case of Palestine, the twenty-sixth day of May, 
nineteen hundred and twenty-five, and in the case of Tanganyika 
Territory, the twenty-third day of July, nineteen hundred and 
thirty-one: 
(vi) nothing in the provisions of the Cop}Tight Act, 1912, as applied 
by this Act shaD be construed as reviving any right of preventing 
the production or importatjon of any translation in any case 
vvhere the right has ceased by virtue of section 5 of the Iriternational 
Copyright Act, 1886 of the United Kingdom. 
Saving DJ existing rights in certain cases. 
4. ,Alhere any person has, before the date of this Act, taken any action whereby he 
has incurred any expenditme or liability in connection with the reproduction or performance 
of any work in a manner which at the time was lawful, or for the purpose of or with a view 
to the reproduction or performance of a work at a tinle when such reproduction or perform­
ance would, but for the making of this Act, have been lawful, nothing in this Act shall dimi­
inish or prejudice any rights or interest arising from, orin connectjon with, such action which 
are subsisting and valuable at the said date unless the person who, by virtue of this Act, 
becomes entitled to restrain such reproduction or perfonnance agrees to pay such compens­
ation as, fai1ing agreement, may be determined by arbitration. 
Interpretation. 
5. (1) In this Act "the country of origin" means-. . 
(a) . in tile case or unpublished works, the cOlmtry to which the author belongs; Cb) in the case of published works the country of first pUblication; IPIN/1/SWZ/C/3 
Page 5 
Cc) in the case of works published simultaneously in several countries of the 
Copyright Union, the country the laws of which grant the shortest term of 
protection; and 
(d) in the case of works published simultaneously in a country outside the 
Copyright Union and in a country of the Copyright Union, the country of 
the Copyright Union in which the work is so published. 
(2) The Interpretation Act, 1889 of the United Kingdom, shall apply to the inter­
pretation of this Act .. 
FIRST SCHEDULE 
RESERVATIONS MADE TO THE BERLIN CONVENTION BY 
COUNTRIES WIDCH HAVE NOT RA.TIFIED THE ROME 
CONVENTION 
Country 
Denmark 
Estonia 
France 
Roumania 
Siam ... 
Tunis SUbject 
Newspaper and Magazine 
Articles. 
Translating right 
Performing rights as regards 
translations of dramatic or 
dratnatico-musical works. 
Works of art applied to industrial 
purposes. 
Newspaper and Magazine 
Articles. 
Works of art applied to industrial 
purposes. 
Conditions and formalities 
Translating right 
Newspaper and MagaZine 
. Articles. 
Performing right in dramatic, 
dramatico-musical and musical 
works. 
Retrospective effect 
Works of art applied to industrial 
purposes. Provisions of earlier Conventions 
retained by reservations 
Art. 7 of Berne Convention as 
amended by Additional Act. 
Art. 5 of Berne Convention as 
amended by Additional Act. 
Art. 9, par. (2) of Berne Convention. 
Art. 4 of Berne Convention. 
Art. 7 of Berne Convention. 
Art. 4 of Berne Convention. 
Art. 2, par. (2) of Berne Convention. 
Art. 5 of Berne Convention as 
amended by Additional Act. 
Art. 7 of Berne Convention as 
amended by Additional Act . 
Art. 9 of Berne Convention and 
par. (2) of Final Protocol. 
iut. 14 of Berne Convention and 
par. (4) of Final Protocol as 
amended by Additional" Act. 
1'\rt. 4 of Berne Convention. IP /N/1/SWZ/C/3 
Page 6 
SECOND SCHEDULE 
RESERVATIONS MADE TO THE ROME CONVENTION RETAINED 
BY COUNTRIES WHICH HAVE RATIFIED THE ROME CONVENTION 
Country Subject 
-------------I---------------------~-----
Greece 
Japan 
Y ugo-Sla via Translating right 
Performing right in dramatic, 
dramatico-musical and musical 
works. 
Translating right 
Translating right in respect of 
translations into the languages 
of Yugo-Slavia. I Provisions -of earlier Conventions 
I retained by reservations 
i\rt. 5 of Berne Convention. 
Art. 9 of Berne Convention. 
I Art. 5 of Berne Convention as 
I amended by Additional Act. 
Art. 5 of Berne Convention as 
I amended by Additional Act. 
I Belgium 
France 
Germany 
Hayti Country of Origin 
Japan 
Luxembourg 
Monaco 
Norway 
Portugal 
Spain 
Switzerland .,. 
Tunis 
Denmark 
Netherlands 
Netherlands East Indies, Curacao 
Surinam 
Italy ... 
Morocco (French Zone) 
Sweden 
Poland 
Austria 
Greece 
Czecho-Slovakia 
Bulgaria 
Brazil 
Hungary 
Dantzig, Free City of 
Syria-Lebanon 
Roumania 
Estonia 
Finland 
Portuguese Colonies and Spanish 
Colonies. 
French Colonies and Protectorates 
under the authority of the French 
Ministry of the Colonies 
Yugo-Slavia 
Liechtenstein 
Siam ... 
Korea, Formosa, Japanese Saghalien 
aJ.1d Kwantung Leased Territory. THIRD SCHEDULE 
1st July, 1912 
1st July, 1912 
1st July, 1912 
1st July, 1912 
1st July, 1912 
1st July, 1912 
1st July, 1912 
1st July, 1912 
1st July, 1912 
1st July, 1912 
1st July, 1912 
1st July, 1912 
17th March, 1913 
17th March, 1913 
11th April, 1913 
13th June, 1913 
1st April, 1914 
16th November, 1917 
1st January, 1920 
26th April, 1920 
21st December, 1920 
21st December, 1920 
27th May, 1921 
6th February, 1922 
21st April, 1922 
21st April, 1922 
13th October, 1922 
9th October, '1924 .. . 
1st January, 1927 .. . 
3rd November, 1927 
7th May, 1928 
7th May, 1929 
27th October, 1930 
27th October, 1930 
7th October, 1931 ... 
7th October, 1931 '" 
17th March, 1932 ... 
E:Ar>LANATORY NOTE IPINIlISWZ/C/3 
Page 7 
16th December, 1911-
16th December, 1911. 
16th December, 1911. 
16th December, 1911. 
16th December, 1911. 
16th December, 1911. 
16th December, 1911-
16th December, 1911-
16th December, 1911. 
16th December, 1911-
16th December, 191L 
16th December, 1911. 
16th December, 1911. 
1st November, 1912. 
1st April, 1913. 
1st April, 1913. 
1st April, 1914. 
16th June, 1917. 
1st Janua..ry, 1920. 
28th January, 1920. 
1st October, 1920. 
9th November, 1920. 
22nd February, 1921. 
5th December, 1921. 
9th February, 1922. 
14th February, 1922. 
24th June, 1922. 
1st August, 1924. 
1st January, 1927. 
9th June, 1927. 
1st April, 1928. 
7th May, 1929. 
26th May, 1930. 
17th June, 1930. 
30th July, 1931. 
17th July, 1931. 
1st August, 1931. 
This Act has been created out of an Order-in-CouDcil applying the Copyright Act, 
1911 of the United Kingdom to Swaziland, part of which order being the Copyright (Rome 
Convention) Order-in-Council, 1933. 