WORLD TRADE 
ORGANIZATION 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/1/SWE/C/2 
15 March 1996 
(96-0920) 
Original: English 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Sweden 
The present document reproduces 1 the following laws and regulations, as notified by Sweden 
under Article 63.2 of the Agreement (see document IP/NIl/SWE/1): 
International Copyright Regulation (1994: 193) 
Regulation (1995:449) Amending the International Copyright 
Regulation (1994: 193) 
Regulation (1995: 1275) Amending the International Copyright 
Regulation (1994: 193) 
lIn English only 2 
7 
8 IP/N/lISWE/C/2 
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INTERNATIONAL COPYRIGHT REGULATION 
(No. 193, of April 14, 1994), as amended up to July 1, 1995 
The Government prescribes the following. 
Article 1. This Regulation contains provisions on the application of the 
Act (1960:729) on Copyright in Literary and Artistic Works (Copyright 
Act) in relation to other countries and intemgovemmental organizations. 
The Berne Convention for the Protection of Literary and Artistic Works 
Article 2. The provisions on copyright in the Copyright Act shall apply 
to 
1. works of authors who are nationals of, or have their habitual 
residence in, a country other than Sweden which is a member of the 
International Union for the Protection of Literary and Artistic Works 
(Berne Union), 
2. works which have been first published in a country of the Union 
other than Sweden, 
3. works which have been first published in a country outside the Union 
and thereafter within thirty days in a country of the Union, 
4. cinematographic works the producer of which has his headquarters or 
his habitual residence in a country of the Union other than Sweden, 
5. works of architecture erected in a country of the Union other than 
Sweden, 
6. works of graphic or plastic art incorporated in a building erected in 
a country of the Union other than Sweden or which are otherwise 
permanently fixed to the ground in such a country. 
For the purposes of the application of the first paragraph, item 4., the 
person whose name appears in the usual manner on copies of the 
cinematographic work shall, in the absence of proof to the contrary, be 
presumed to be the producer of the work. 
Article 3. The protection under Swedish law shall not apply when the 
term of protection in the country of origin has elapsed. 
If the work has been first published in a country of the Union, that 
country is the country of origin. If the work, within a period of thirty 
days, has been published in several countries of the Union, the country 
of origin is the country having the shortest term of protection. If the 
work within a period of thirty days has been published in a country 
outside the Union and in a country of the Union, the country of the 
Union is the country of origin. 
If a work does not, under the second paragraph, have its country of 
origin within the Union, the country of origin is the country of the Union 
of which the author is a national or where he has his habitual residence. 
In respect of cinematographic works the producer of which has his 
headquarters or his habitual residence in a country of the Union, that 
country is, however, the country of origin. In respect of works of IP/N/1/SWE/C/2 
Page 3 
architecture erected in a country of the Union, in respect of artistic works 
incorporated in a building erected in a country of the Union and in 
respect of artistic works which are otherwise permanently fixed to the 
ground in such a country, that country is the country of origin. 
Article 4. As regards undertakings to bring contributions to the creation 
of cinematographic works referred to in Article 2, items 1 to 4, the 
provisions of Article 39 of the Copyright Act apply, unless otherwise 
provided in the undertaking. The law of the country where the producer 
of the cinematographic work has his headquarters or his habitual 
residence determines whether the undertaking shall be in writing in order 
to have the effect referred to in the first sentence. 
The first paragraph applies also to undertakings to bring contributions to 
cinematographic works referred to in Article 60 of the Copyright Act if 
the work, according to Article 3, 
1. has its country of origin in a country of the Union other than Sweden, 
2. has its country of origin in Sweden but Swedish law does not apply 
to the undertaking. 
Article 5. The provisions of Articles 2 to 4 shall apply also in relation 
to rights in photographic pictures under the Copyright Act. 
Article 6. The following countries other than Sweden were members of 
the Berne Union on April 1, 1994: (list not included here). 
The Universal Copyright Convention 
Article 7. The provisions on copyright in the Copyright Act shall apply 
to 
1. works of authors who are nationals of a country, other than Sweden, 
which is party to the Universal Copyright Convention in its original 
version or as revised at Paris on July 24, 1971, 
2. works of persons who have their domicile in a country referred to in 
item 1., if the country under its law assimilates them to their own 
nationals for the purposes of the application of the Universal Copyright 
Convention, 
3. works of stateless persons or refugees who have their habitual 
residence in a country party to Protocol 1. to the Convention in its 
original version or revised version. 
4. works which have been first published in a country party to the 
Convention in its original or revised version. 
Article 8. The protection under Swedish law shall not apply when the 
period of protection in the country of origin of the work has elapsed. 
If the work has been first published in a country party to the Universal 
Copyright Convention, that country is the country of origin. If the work 
within thirty days has been published in several such countries, the 
country of origin is the country having the shortest period of protection. 
If the work has been first published in a country not party to the 
Convention or if the work has not been published, the country of origin 
is the country party to the Convention where the author is a national or, 
under the conditions referred to in Article 7, items 2. and 3. has his IP/NI1 ISWE/C/2 
Page 4 
domicile or habitual residence. 
Article 9. The provisions of Articles 7 and 8 do not apply to works the 
country of origin under Article 3 is 
1. a country member of the Berne Union, or 
2. a country which has withdrawn from the Union after January 1, 1951. 
The provisions apply, however, if the country 
-is a developing country according to paragraph (b) of the Appendix 
Declaration relating to Article XVII of the Convention as revised, and 
-at the time of its withdrawal from the Berne Union deposited with 
the Director-General of the United Nations Educational, Scientific and 
Cultural Organization (UNESCO) a notification to the effect that it 
regards itself as a developing country. 
Article 10. The provisions of Articles 7 to 9 apply also to the rights in 
photographic pictures under the Copyright Act. 
Article 11. The following countries other than Sweden were, on April 1, 
1994, party to 
1. the Universal Copyright Convention in its original version: (list not 
included here); 
2. the Universal Copyright Convention as revised at Paris on July 24, 
1971: (list not included here) 
3. Protocol 1 to the Universal Copyright Convention in its original 
version: (list not included here); 
4. Protocol 1 to the Universal Copyright Convention as revised at Paris 
on July 24, 1971. 
Works by the United Nations. etc. 
Article 12. The provisions on copyright and rights in photographic 
pictures shall apply to 
1. works and photographic pictures which have been first published by 
the United Nations, any of the Specialized Agencies in the United 
Nations system of organizations, or the Organization of American States, 
and 
2. works and photographic pictures which have not been published but 
which may be published by any of those Organizations. 
The Rome Convention 
Article 13. The provisions of Articles 45 and 48 of the Copyright Act 
and other provisions in the Act referring to those Articles shall apply to 
performances and to sound radio and television broadcasts which take 
place in a country other than Sweden which is party to the International 
Convention for the Protection of Performers, Producers of Phonograms 
and Broadcasting Organizations, of October 26, 1961 (Rome 
Convention). Furthermore, the provisions of Article 48 shall apply to 
broadcasts by sound radio and television organizations having their 
headquarters in a country party to the Convention. 
The provisions of the first paragraph do not apply to the provisions on 
the making available to the public contained in Article 45, second 
paragraph, and on distribution to the public contained in Article 48, second paragraph, of the Copyright Act. IP/N/1/SWE/C/2 
Page 5 
The provisions of Article 47 and other provisions in the Act referring to 
that Article shall apply to sound recordings fixed in a country other than 
Sweden which is party to the Rome Convention. This does not, however, 
apply to sound recordings fixed in Australia, Congo, Fiji, Luxemburg, 
Monaco and Niger. 
Article 14. The protection under Article 13 shall not apply when the 
term of protection has elapsed in the country where the performance, 
sound recording or broadcast took place. As regards broadcasts protected 
under Article 13, first paragraph, second sentence, the protection shall 
not apply when the term of protection has elapsed in the country where 
the organization has its headquarters. 
Article 15. The following countries other than Sweden were, on April 1, 
1994, party to the Rome Convention: (list not included here). 
The European Television Agreement 
Article 16. The provisions of Article 48 of the Copyright Act and other 
provisions in the Act referring to that Article shall apply to television 
broadcasts taking place in a country other than Sweden which is party to 
the European Agreement on the Protection of Television Broadcasts, of 
June 22, 1960, and the Additional Protocols of January 22, 1965 and 
March 21, 1983. Furthermore, the provisions shall apply to broadcasts 
by television organizations having their headquarters in such a country. 
The provisions in the first paragraph do not apply to the provisions on 
distribution to the public contained in Article 48, second paragraph, of 
the Copyright Act. 
The protection under the first paragraph shall not apply when the term 
or protection has elapsed in the country where the broadcast took place 
or the television organization has its headquarters. 
As regards television broadcasts from the United Kingdom the protection 
against the recording of a broadcast on a material support from which it 
can be reproduced and the protection against unauthorized transfer from 
one such support to another, shall not apply to the recording of still 
pictures through photography and the reproduction of such pictures. 
Article 17 The following foreign countries are presently party to the 
Agreement: (list not included here). 
Application in time of the international protection 
Article 18 The provisions in Articles 2 to 11 apply also to works which 
have been created before the day on which the country became member 
of the Berne Union or party to the Universal Copyright Convention. 
Copies of works which have been produced before the day referred to in 
the first paragraph may be freely distributed and exhibited. The 
provisions on rental and lending in Article 19 of the Copyright Act shall, IP IN 11 ISWE/C/2 
Page 6 
however, apply also to such copies. 
Type matter, printing blocks, forms and other devices which, for the 
reproduction of a certain work, have been produced before the day 
referred to in the first paragraph, may be used for their purpose during 
tvo years and six months from that day. As regards copies produced on 
the basis of this provision, the provisions of the second paragraph shall 
apply. 
Article 19 The provisions of Article 18 shall apply also to rights 
protected on the basis of Articles 5, 10 and 13 to 17. 
This Regulation enters into force on July 1, 1994, on which day the 
Regulation (No 1973 :529) on the Application of the Act (No 1960: 729) 
on Copyright in Literary and Artistic Works and the Act (No 1960:730) 
on Rights In Photographic Pictures With Respect to Other Countries and 
Territories, etc. shall no longer apply. 
The present wording of Articles 13 and 16 entered into force on June 1, 
1995 THE MINISTRY OF JUSTICE 
Stockholm 
Regulation IP/N/lISWE/C/2 
Page 7 
(No 1995:449, of May 23, 1995) Amending the International 
Copyright Regulation (1994:193) 
The Government prescribes that Articles 13 and 16 of the International 
Copyright Regulation (1994: 193) shall read as follows. 
Article 13. The provisions of Articles 45 and 48 of the Copyright Act 
and other provisions in the Act referring to those Articles shall apply to 
performances and to sound radio and television broadcasts which take 
place in a country other than Sweden which is party to the International 
Convention for the Protection of Performers, Producers of Phonograms 
and Broadcasting Organizations, of October 26, 1961 (Rome 
Convention). Furthermore, the provisions of Article 48 shall apply to 
broadcasts by sound radio and television organizations having their 
headquarters in a country party to the Convention. 
The provisions of the first paragraph do not apply to the provisions on 
the making available to the public contained in Article 45, second 
paragraph, and on distribution to the public contained in Article 48, 
second paragraph, of the Copyright Act. 
The provisions of Article 47 and other provisions in the Act referring to 
that Article shall apply to sound recordings fixed in a country other than 
Sweden which is party to the Rome Convention. Thios does not, 
however, apply to sound recordings fixed in Australia, Congo, Fiji, 
Luxemburg, Monaco and Niger. 
Article 16. The provisions of Article 48 of the Copyright Act and other 
provisions in the Act referring to that Article shall apply to television 
broadcasts taking place in a country other than Sweden which is party to 
the European Agreement on the Protection of Television Broadcasts, of 
June 22, 1960, and the Additional Protocols of January 22, 1965 and 
March 21, 1983. Furthermore, the provisions shall apply to broadcasts 
by television organizations having their headquarters in such a country. 
The provisions in the first paragraph do not apply to the provisions on 
distribution to the public contained in Article 48, second paragraph, of 
the Copyright Act. 
The protection under the first paragraph shall not apply when the term 
or protection has elapsed in the country where the broadcast took place 
or the television organization has its headquarters. 
As regards television broadcasts from the United Kingdom the protection 
against the recording of a broadcast on a material support from which it 
can be reproduced and the protection against unauthorized transfer from 
one such support to another, shall not apply to the recording of still 
pictures through photography and the reproduction of such pictures. 
This Regulation enters into force on June 1, 1995. IP/N/1/SWE/C/2 
Page 8 
THE MINISTRY OF JUSTICE 
Stockholm 
Regulation (1995:1275) Amending the International Copyright 
Regulation (1994:193). 
The Government prescribes, as regards the International Copyright 
Regulation (1994: 193) 
that Articles 1, 2, 7, 12, 18 and 19 shall read as follows, 
that six new Articles, numbered 20 to 25 shall be inserted, reading as 
follows, 
that the heading immediately before Article 18 shall be placed 
immediately before Article 24, and 
that in the Regulation, immediately before Article 18, shall be inserted 
a new heading, reading as follows. 
Article 1. This Regulation contains provisions on the application of the 
Act (1960:729) on Copyright in Literary and Artistic Works (Copyright 
Act) in relation to other countries and interngovernmental organizations. 
For the purposes of the application of the Copyright Act, any person who 
is a national of a country party to the European Economic Area (an EEA 
country) shall always be treated as if he were a national of Sweden. For 
the purposes of the application of the Act a legal entity from an EEA 
country shall always be treated as a Swedish legal entity and a legal 
entity having its seat in an EEA country shall be treated as a legal entity 
having its seat in Sweden. 
Article 2. The provisions on copyright in the Copyright Act shall apply 
to 
1. works of authors who are nationals of, or have their habitual 
residence in, a country other than Sweden which is a member of the 
International Union for the Protection of Literary and Artistic Works 
(Berne Union), 
2. works which have been first published in a country of the Union 
other than Sweden, 
3. works which have been first published in a country outside the Union 
and thereafter within thirty days in a country of the Union, 
4. cinematographic works the producer of which has his headquarters or 
his habitual residence in a country of the Union other than Sweden, 
5. works of architecture erected in a country of the Union other than 
Sweden, 
6. works of graphic or plastic art incorporated in a building erected in 
a country of the Union other than Sweden or which are otherwise 
permanently fixed to the ground in such a country. 
For the purposes of the application of the first paragraph, item 4., the 
person whose name appears in the usual manner on copies of the 
cinematographic work shall, in the absence of proof to the contrary, be 
presumed to be the producer of the work. 
The provisions of Article 26 j of the Copyright Act shall apply to works 
of persons who are nationals of, or have their habitual residence in, a 
country of the Union other than Sweden, where the other Union country IP 1Nl lISWE/C/2 
Page 9 
has introduced such a remuneration system as provided for in Article 
14ter of the Berne Convention for the Protection of Literary and Artistic 
Works. 
The provisions of the first paragraph do not apply to the provisions of 
Article 44 a of the Copyright Act. 
Article 7. The provisions on copyright in the Copyright Act shall apply 
to 
1. works of authors who are nationals of a country, other than Sweden, 
which is party to the Universal Copyright Convention in its original 
version or as revised at Paris on July 24, 1971, 
2. works of persons who have their domicile in a country referred to in 
item 1., if the country under its law assimilates them to their own 
nationals for the purposes of the application of the Universal Copyright 
Convention, 
3. works of stateless persons or refugees who have their habitual 
residence in a country party to Protocol 1. to the Convention in its 
original version or revised version. 
4. works which have been first published in a country party to the 
Convention in its original or revised version. 
The provisions of the first paragraph do not apply to the provisions of 
Articles 26 j and 44 a of the Copyright Act. 
Article 12. The provisions on copyright and rights in photographic 
pictures shall apply to 
1. works and photographic pictures which have been first published by 
the United Nations, any of the Specialized Agencies in the United 
Nations system of organizations, or the Organization of American States, 
and 
2. works and photographic pictures which have not been published but 
which may be published by any of those Organizations. 
The provisions of the first paragraph do not apply to the provisions of 
Articles 26 j and 44 a of the Copyright Act. 
The Agreement on Trade-Related Aspects of Intellectual Property Rights. 
Article 18. The provisions on copyright in the Copyright Act shall apply 
also to works of persons who are nationals of, or have their habitual 
residence in, a country other than Sweden which is a member of the 
World Trade Organization and which thereby has adhered to the 
Agreement of Trade-Related Aspects of Intellectual Property Rights (a 
WTO Country). 
The provisions of Article 26 j of the Copyright Act shall apply to works 
of persons who are nationals of, or have their habitual residence in, a 
WTO Country, where the other country has introduced such a 
remuneration system as provided for in Article 14ter of the Berne 
Convention for the Protection of Literary and Artistic Works. 
The provisions of the first paragraph does not apply to the provisions of 
Article 44 a of the Copyright Act. IP/NIlISWE/C/2 
Page 10 
Article 19. The provisions of Article 3 shall apply also to works of 
persons who are nationals of, or have their habitual residence in, a WTO 
Country. 
The provisions of Article 4 shall apply also in relation to any agreement 
on the contribution to a cinematographic work by a person who is a 
national of, or has his habitual resicence in, a WTO Country. 
Article 20. The provisions of Article 45 of the Copyright Act and other 
provisions in the Act referring hereto shall apply to performances of 
persons who are nationals of a WTO Country, however only as regards 
1. fixation of the performance on a sound recording by means of which 
it can be percei ved,' 
2. wireless transmission of the performance in a sound radio or 
television broadcast or a communication to the public through direct 
transmission, 
3. transfer of the performance from one sound recording by means of 
which it can be perceived to another such recording, and 
4. the making available to the public of the performance through rental 
of sound recordings. 
Article 21. The provisions of Article 46 of the Copyright Act and other 
provisions in the Act referring thereto shall apply to sound recordings the 
producer of which is a national of a WTO Country or a legal entity of a 
WTO Country, as regards the making available to the public through 
rental. 
Article 22. The provisions of Article 48 of the Copyright Act and other 
provisions in the Act referring thereto shall apply to transmissions by 
sound radio or television organizations having their headquarters in a 
WTO Country, however only as regards 
1. fixation of transmissions on material supports by means of which 
they can be perceived, 
2. wireless retransmission of transmissions, 
3. making available to the public of television broadcasts in places 
where the public has access against the payment of a fee, 
4, transfer of such transmissions from material supports by means of 
which they can be perceived to other such material supports, and 
5. distribution to the public of sound recordings through rental. 
Article 23. The following countries other than Sweden were party to the 
World Trade Organization on January 1, 1996 (list not included here). 
Article 24. The provisions of Articles 2 to 11, 18 and 19 apply also to 
works which have been created before the date on which the country 
became a member of the Berne Union, party to the Universal Copyright 
Convention or adhered to the World Trade Organization. 
Copies of works which have been produced before the day referred to in 
the first paragraph may be freely distributed and exhibited. The 
provisions on rental and lending in Article 19 of the Copyright Act shall, 
however, apply also to such copies. IP/N/l/SWE/C/2 
Page 11 
Type matter, printing blocks, forms and other devices which, for the 
purpose of reproduction of a certain work, have been produced before the 
date referred to in the first paragraph, may be used for their purpose 
during tvo years and six months from that date. As regards copies 
produced on the basis of this provision, the provisions of the second 
paragraph shall apply. 
Article 25. The provisions of Article 24 shall apply also to rights 
protected on the basis of Articles 5, 10, 13 to 17 and 19 to 23. 
This Regulation enters into force on January 1, 1996. 