. / .WORLD TRADE
ORGANIZATIONIP/N/2/JAM/1
29 July 1999
(99-3200)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
NOTIFICATION UNDER ARTICLES 1.3 AND 3.1 OF THE AGREEMENT
JAMAICA
The following communication, dated 21 July 1999, has been received from the Permanent
Mission of Jamaica.
_______________
As agreed under the provision of the TRIPS Agreement, the Government of Jamaica wishes
to notify the following:
Article 3.1
The Government of Jamaica is availing itself of the possibilities provided in Article 6 of the
Berne Convention.  These possibilities are reflected in Section 145 of the Copyright Act of 1993, a
copy of which is attached.
The Section's application is not confined to non-Union countries as provided for in Article 6
of the Berne Convention.  Any order made under this Section will take account of our international
obligations and will not be made in a manner which would breach the Convention.
_______________
Section 145
(1) If it appears to the Minister that the laws of a country fail to give adequate protection to
Jamaican works to which this section applies or to Jamaican performances, or fail to give
adequate protection in the case of one or more classes of such works or performances,
(whether the lack of protection relates to the nature of the work or performance or thenationality, citizenship or country of its author or performer or all of those matters) the
Minister may, by order, make provision in relation to that country in accordance with
subsection (2).
(2) An order made for the purposes of this section shall designate the country concerned and may
provide either generally or in relation to such clauses of case as are specified in the order, that
copyright shall not subsist in works first published, or, as the case may be, that rights in
performances shall not subsist in performances first given, after a date specified in the order
(which may be a date before the commencement of this Act) if, at the time of the first
publication of those works or the giving of the performance, as the case may be, the authorsof the works or the performers were or are:IP/N/2/JAM/1
Page 2
(a) citizens or nationals of that country, not being at that time persons whose habitual
residence is in Jamaica or a specified country (excluding the country concerned); or
(b) in the case of works, bodies incorporated or established under the laws of that
country.
(3) The Minister shall, in making an order under this section, have regard to the nature and extent
of the lack of protection for Jamaican works or Jamaican performances in consequence of
which the order is being made.
(4) This section applies to literary, dramatic, musical and artistic works, sound recordings and
films and for the purposes of this section:
"Jamaican performances" means:
(i) performances given by individuals who are citizens or habitual 
residents of Jamaica; or
(ii) performances that take place in Jamaica;  "Jamaican works" means 
works of which the author was a qualified person at the material time
within the meaning of Section 7(3).
__________