WORLD TRADE 
ORGANIZATION 
Council for Trade-Related Aspects 
of Intellectual Property Rights RESTRICTED 
IP/N/I/ AUS/I/ Add.6/Suppl.1 
1 June 1995 
(95-1443) 
Original: English 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE AGREEMENTi 
Australia 
Supplement 
The following communication from the delegation of Australia, dated 19 April 1995, has been 
received with the request that it be circulated to the Members of the Council for TRIPS. 
I am writing to advise the making, on 11 April 1995, of amendments to the Copyright 
(International Protection) Regulations. 
These amendments, as they come into force (some are delayed to 1 July 1995), give effect 
to Australia's obligatio'ps, as a member of the World Trade Organization (WTO), to grant copyright 
protection in relation to other WTO members. The opportunity has also been taken to update Parts I, 
II and IV of Schedule 1 and to update Schedule 3. 
In brief, the amendments add Part V to Schedule 1 which lists all the country members of the 
WTO. This part is then used in certain ways to extend protection under the Copyright Act in relation 
to WTO members. The amendments to regulation 13 are based on the view that the regulation has 
application to all the enforcelnent provisions under Part XIA of the Copyright Act, both civil and 
criminal. 
iEng1ish only IP/N/l/AUS/l/Add.6/Suppl.l 
Page 2 
Statutory Rules 1995 No. 1 
Copyright (I~ternational Protection) 
Regulations2 (Amendment) 
I, THE GOVER1.~OR-GENERAL of the Commonwealth of Australia, 
acting with the advice of the Federal Executive Council, make the 
following Regulations under the Copyright Act 1968. 
Dated 4 A P R II 1995 1995. 
BILL HAYDEN 
Governor-General 
By His Excellency's Command, 
Minister for Justice 
1. Commencement 
1.1 Regulations 4, 5, 6~ 7 and 8 and subregulations 10.1 and 10.10 
commence on 1 July 1995. 
[NOTE: The remainder of these Regulations commence on gazettal: see Acts 
Interpretation Act 1901. s. 48.] 
94Ao&S2. 2~9S. 2 30& PM 94627961 IP/N/l/AUS/l/Add.6/Suppl.l 
Page 3 
; ... Copyright (international Protecrion) 1995 lVO. 
2. Amendment 
2.1 The Copyright (International Protection) Regulations are 
amended as set out in these Regulations. 
3. Regulation 3 (Interpretation) 
3.1 Subregulation 3 (3): 
Omit "(a) of section 46 of the Acts Interpretation Act 1901.1966,", 
substitute "46 (1) (a) of the Acts Interpretation Act 1901,". 
4. Regulation 4 (Application oC the Act) 
4.1 Subregulation 4 (1): 
Omit "Part II or Part ITI", substitute "Pan 11, Part ITl or Part V". 
4.2 Paragraph 4 (2) (a): 
Omit "Part IT or Part ill", substitute "Pan 11, Pan ill or Part V". 
4.3 Subregulations 4 (3) and (4): 
Omit "Part IT or Part Ill", substitute "Pan 11, Pan ill or Part V". 
4.4 Subregulation 4 (5): 
Omit "Part 1, Pan It Part III or Pan IV of'. 
5. Regulation 4B (Additional application of Act to certain 
performances) 
5.1 Omit the regulation, substitute: 
A pplication of the Act to certain performances having a 
connection with certain \Vorld Trade Organization countries 
644 B. ( 1) In this regulation: 
'relevant country' means a country that constitutes, or forms part 
of. the territory of a country that: 
(a) is specified in Pan V of Schedule 1: and 
(b) is not specified in Part IV of Schedule 1. IP/N/l/AUS/l/Add.6/Suppl.l 
Page 4 
Copyright (International Protection) J 995 No. 3 
"(2) The provisions of Part XIA of the Act, relating to: 
(a) sound recordings; and 
(b) sound broadcasts of live perfonnances~ and 
(c) sound transmissions of live performances to subscribers 
of diffusion services; 
apply to the following performances: 
(d) a performance by a performer who is a citizen, national 
-or resident of a relevant country; 
(e) a performance given in a relevant country; 
(0 a performance recorded by a citizen, national or resident 
of a relevant country; 
(g) a performance broadcast by a relevant broadcaster from 
a relevant country; 
(h) a performance the fIrst recording of which occurred in a 
relevant country,". 
6. Regulation 8 (Copyright not to subsist in overseas editions in 
certain cases) 
6.1 Paragraphs 8 (a) and (b): 
Omit "Part IT or Part In", substitute "Pan II, Part III or Pan V". 
7. Regulation 9 (Application of certain provisions of the Act to 
certain overseas works) 
7.1 Subregulations 9 (2) and (3): 
Omit "Pan I or Part Ill", substitute "Part I, Part III or Part V". 
8. Regulation 13 (Modification of application of provisions of 
the Act to performances) 
8.1 Paragraph 13 (2) (a): 
A.fter "IV", insert "or V", IP/N/l/AUS/l/Add.6/Suppl.l 
Page 5 
Copyright (InternationaL Protection) 1995 No. 
8.2 Add at the end: 
"( 4) For the purposes of subregulation (2), if: 
(a) Part V of Schedule 1 is remade; and 
(b) on the remaking, the name of a country is included in the 
Part: and 
Cc) immediately before the remaking, the name of the 
_country was not included in the Part; 
the remaking of the Part is taken to be an amendment of these 
Regulations that inserts the name of the country in Part V. 
"(5) This regulation is taken not to apply to, or to affect the 
application of, section 248QA of the Act as applied by a provision 
of these Regulations.". 
9. The Schedules 
9.1 Heading: 
Omit the heading. 
10. Schedule 1 (Countries to which the provisions of the Act 
apply) 
10.1 Heading: 
Omit the heading, substitute: 
"SCHEDULE 1 Regulations 3, 4, 
4A, 4B. 8.9,10. 
11. 12 and 13 
COU~'TRIES TO WHICH THE PROVISIONS OF THE ACT 
APPL Y". 
1 0.2 Part I heJding: 
Omit the heading, substitute: 
"PA.RT r 
STATES PARTY TO THE BEIL'lli CONVENTION FOR THE 
PROTECTION OF LITERARY AND ARTISTIC WORKS", IP/N/l/AUS/l/Add.6/Suppl.l 
Page 6 
Copyright l/ntenzQtionQi Protection) 1995 ,Vo. 5 
10.3 Part 1: 
Insert the following countries in the Jppropriate alphabetical position 
detennined on a letter-by-Ietter basis: 
"Estonia 
Guyana 
Lithuania 
Russian Federation 
Saint Kitts and Nevis 
Tanzania~'. 
10.4 Part IT heading: 
Omit the heading, substitute: 
"PART IT 
STATES PARTY TO THE UNIVERSAL COPYRIGHT 
CONVEl'ITION THAT ARE NOT PARTY TO THE BER~rr: 
CO~rvENTION". 
1 0.5 Part IT: 
Omit "Russian Federation". 
1 0.6 Part 11: 
After "Saint Vincent and the Grenadines", insert "Saudi Arabia". 
1 0.7 Pan lIT heading: 
Omit the heading, substitute: 
"PART III 
COU~lRIES WITH WHICH i\USTRALIA HAS CONCLl.;1)ED A 
BILATERAL COPYRIGHT AGREEMEl'4T". IP/N/l/AUS/l/Add.6/Suppl.l 
6 Copyright (bzrernational Protection) 1995 !Jg.ge 7 
10.8 Part IV heJding: 
Qrnit the heading, substitute: 
"PART IV 
STATES PARTY TO THE INTERl'IATIONAL CONVENTION 
FOR THE PROTECTION OF PERFORMERS, PRODUCERS OF 
PHONOG~\1S AND BROADCASTING ORGANISATIONS 
(ROME CONVENTION)". 
10.9 Part IV: 
After uHonduras~', insen: 
"Hungary 
Iceland". IP/N/l/AUS/l/Add.6/Suppl.l 
Page 8 
Copyright (International Protection) 1995 iVO. 7 
10.10 Add at the end: 
"PART V 
~~IBERS OF THE WORLD TRADE ORGANIZATION 
Anthzua and Barbuda 
ArE e-ntin a 
Austria 
Bahrain 
Bangladesh 
Barbados 
Belgium 
Belize 
Brazil 
Brunei Darussalam 
Canada 
Chile 
Costa Rica 
Cote d '1 voire 
Czech Repu blic 
Denmark 
Dominica 
Dominican Republic 
Finland 
France 
Gabon 
Germanv Ghana .-
Greece 
Guyana 
Honduras 
HonE Kong: 
Hungary ... Iceland 
India 
Indonesia 
Ireland 
Italy 
Jamaica 
Japan 
Kenya 
Korea~ Republic of 
Kuwait 
Luxembourg 
Macau 
Malaysia 
Malta 
Mauritius 
Mexico 
Morocco 
Mvanmar 
Nanubia 
Netherlands 
New Zealand 
NiEeria 
No .... rway 
Pakistan 
Paraguay 
Peru 
Philippines 
Portugal Romania 
Saint Lucia 
Saint Vincent and the 
Grenadines 
Senegal 
Singapore 
Slovak Republic 
South Africa 
Spain 
Sri Lanka 
Suriname Swaziland 
Sweden 
Tanzania 
Thailand 
Trinidad and Toba2o 
Tunisia ... 
Turkey 
Uganda 
United Kin2dom 
United States of 
America 
Uruguay 
Venezuela 
Zambia 
Zimbabwe" . 