family of the United Nations" (1956 La Propriété industrielle 149).

These were prophetic words in 1956, and it took 18 years to accomplish what Secrétan proposed. He did not live long enough to see the accomplishment of all his wishes but he certainly took many practical steps that created an atmosphere propitious for carrying out his plans. He concluded working agreements with Unesco, the World Health Organization, the Council of Europe, the Organization of American States and others, which contributed towards placing BIRPI in a legal position similar to that of those organizations. He created and convened various committees consisting of representatives of governments members of the Paris and Berne Unions, which committees, step by step, and de facto, started to play the role vis-à-vis BIRPI that hitherto had been played exclusively by the Government of the Swiss Confederation. He persuaded the Swiss federal authorities to authorize the transfer of the seat of BIRPI from Berne to Geneva, and he persuaded the authorities of Geneva to accept BIRPI on their soil. The transfer took place in 1960. It had obvious practical advantages and had a symbolic value as well: moving into the international city par excellence that Geneva is, moving into a city in which the European headquarters (as it was called then) of the United Nations was and in which five other specialized agencies of the United Nations system of organizations already were could not but favor the realization of Secrétan's plans.

His tenure saw several diplomatic conferences and, among them, the conference of Rome (1961) establishing the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations.

Secrétan was a man of great culture and a man of the world. He liked flamboyance and knew that a great enterprise in which he was engaged needed public attention, and that public attention had to be created and cultivated. He travelled much and in style, and was a generous host. The bronze bust of Secretan, placed in the lobby of the BIRPI Building on March 20, 1983, the date of the centenary of the Paris Convention, bears the following inscription: "Jacques Secrétan, 1897 1964. Directeur des BIRPI de 1953 à 1963, Bátisseur du siège des BIRPI à Genève."

Georg H.C. Bodenhausen was born in Utrecht (Holland) on July 11, 1905. He is a national of the Netherlands.

Bodenhausen studied law in the Netherlands and practiced there as an independent attorney-atlaw, specialized in intellectual property from 1930 to 1962. He was also professor at the University

of Utrecht, teaching intellectual property law. His specialization in the field of intellectual property and his keen interest also in the international aspects resulted in the Netherlands Government's choosing him to be a delegate at the conference of revision of the Berne Convention held in Brussels in 1948, at the conference of revision of the Paris Convention held in Lisbon in 1958, at the 1960 Hague diplomatic conference for the revision of the Hague Agreement, and at the 1957 Nice diplomatic conference adopting the Nice Agreement, and to head the Netherlands delegation at the diplomatic conference, held in Rome in 1961, that adopted the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations.

He was appointed Director of BIRPI on January 16, 1963, and elected Director General-the first Director General of WIPO on September 22, 1970. He retired from both positions on November 30, 1973. Thus, he was in the service of BIRPI, or in the service of BIRPI and WIPO, for a total of almost eleven years, between the 58th and 69th years of his life.

Those eleven years saw many important events in the lives of the Berne Union and the United International Bureaus of the Paris and Berne Unions and the new International Bureau of WIPO.

The diplomatic conference of 1967 (Stockholm) not only created WIPO but also revised all the treaties then administered by BIRPI. Among those treaties, the Berne Convention was revised not only in respect of its administrative clauses but also, and profoundly, in respect of its substantive provisions. It was the first revision which introduced special provisions for the benefit of developing countries. Bodenhausen devoted special attention to the part of the Stockholm conference that dealt with the revision of the Berne Convention. The texts agreed upon in Stockholm soon had to be revised again, and the diplomatic conference which accomplished that revision, in Paris in 1971, was also masterminded by Bodenhausen.

Other diplomatic conferences held under his tenure were those of Locarno in 1968, of Washington in 1970, of Strasbourg in 1971, of Geneva in 1971, and of Vienna in 1973, adopting, respectively, the Locarno Agreement Establishing an International Classification for Industrial Designs, the Patent Cooperation Treaty, the Strasbourg Agreement Concerning the International Patent Classification, the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms, and the three Vienna treaties, namely, the Trademark Registration Treaty, the Vienna Agreement Establishing an International Classification of the Fig

urative Elements of Marks and the Vienna Agreement for the Protection of Type Faces and their International Deposit.

It was during his tenure that BIRPI started to organize fellowships and training courses for developing countries. Bodenhausen opened the first such course ever held by the International Bureau. It was a course on copyright and took place at Brazzaville in the Congo in 1963.

During his tenure. 27 developing countries joined the Paris Union. The Soviet Union joined the Paris Union in 1965, after several official visits by Bodenhausen to Moscow and by Soviet representatives to Geneva.

The staff of BIRPI WIPO also underwent a great change during the tenure of office of Bodenhausen: it grew from 52 to 149, and from comprising employees from six countries to employees from 32 countries. The English language was raised to a level equal to that of French as a working language. The construction of the WIPO Building started in May 1973.

The period called for the respect of solid legal traditions, erudition in the field of all branches of intellectual property law and diplomatic skill. Bodenhausen had all these, and had them to an exceptionally high degree. The International Bureau was extremely fortunate to have at its head the right man at the right time.

Arpad Bogsch was born in Budapest on February 24, 1919. He was then a national of Hungary: in 1959, he became a citizen of the United States of America.

Bogsch studied law and obtained law degrees in Budapest, Paris and Washington He was a practicing lawyer in Budapest and a member of the Washington bar. He was a legal adviser in Unesco (Copyright Division) in Paris from 1948 to 1954 and in the United States Copyright Office in Washington from 1954 to 1962. In 1961 and 1962. he also worked in- as it was then called - the United States Patent Office.

He was a member of the delegation of Hungary at the conference of revision of the Berne Convention held in Brussels in 1948, he was a member of the delegation of the United States of America at the conference of revision of the Paris Convention held in Lisbon in 1958, at the diplomatic conference of The Hague in 1960 revising the Hague Agreement Concerning the International Deposit of Industrial Designs and at the diplomatic conference of Rome in 1961 adopting the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations He was also a delegate of the United States of America to several BIRPI meetings, and negotiations sponsored by BIRPI, in 1961 and

1962, preparing the reforms that started to be implemented in 1963.

Bogsch joined BIRPI on March 1, 1963 He had the title of special adviser until July 15 of the same year, when he was appointed, by the Federal Council of the Swiss Confederation, Deputy Director of BIRPI. When the WIPO Convention entered into force, he was appointed Deputy Director General of WIPO (on September 22, 1970).

In November 1973. Bogsch was elected Director General of WIPO for a period of six years. In 1979 and 1985, he was re-elected for the first and the second time, each time for a period of six years

Since this article was written by him, it is left for others and for other occasions to recall his role as an official of BIRPI and WIPO.

Relations with the World Intellectual Property Organization and the United Nations

The first formal relations with the United Nations were relations between that organization and the United International Bureaus for the Protection of Intellectual Property (BIRPI). They were fixed in an exchange of letters effected in September and October 1964 and signed by G.H.C. Bodenhausen, then Director of BIRPI, and Philippe de Seynes, then Under SecretaryGeneral for Economic and Social Affairs of the United Nations. The agreement provided for exchange of information and documentation and mutual representation at meetings (see 1964 Industrial Property 211).

Some three years later, the World Intellectual Property Organization (WIPO) was established by a treaty entitled "Convention Establishing the World Intellectual Property Organization" that was adopted and signed in Stockholm on July 14, 1967, and entered into force on April 26, 1970. According to the rules of procedure of the Stockholm Diplomatic Conference, at least four fifths of the members of the Paris Union and at least four fifths of the members of the Berne Union had to vote for the adoption of the WIPO Convention. In fact, they voted unanimously for the adoption of the Convention Establishing WIPO. Thus, in a sense. WIPO is the creation of the Paris and Berne Unions

The relations between WIPO, on the one hand and the Paris and Berne Unions, on the other, are regulated in the WIPO Convention in the 1967 (Stockholm) Acts of the Paris and Berne Conventions and in the 1971 (Paris) Act of the Berne Convention

As far as the Berne Union is concerned, and on the level of governing bodies, those relations are

characterized by the fact that all States members of the Assembly of the Berne Union which are members of WIPO are members of the General Assembly of WIPO and that all States members of the Executive Committee of the Berne Union which are members of WIPO are members of the WIPO Coordination Committee (see WIPO Convention, Articles 6(1)(a) and 8(1)(a)).

As to matters of common interest to WIPO and the Unions, the WIPO Convention provides that the WIPO Coordination Committee shall "give advice to the organs of the Unions [including the Assembly of the Berne Union and the Executive Committee of that Assembly], the [WIPO] General Assembly, the [WIPO] Conference, and the Director General [of WIPO], on all administrative, financial and other matters of common interest either to two or more of the Unions, or to one or more of the Unions and the Organization [WIPO], and in particular on the budget of expenses common to the Unions" (WIPO Convention, Article 8(3)(i)), whereas the 1967 (Stockholm) and 1971 (Paris) Acts of the Berne Convention provide that "with respect to matters which are of interest also to other Unions (other than the Berne Union] administered by the Organization [WIPO], the Assembly [of the Berne Union] shall make its decisions after having heard the advice of the Coordination Committee of the Organization" (Article 22(2)(b)) and that “with respect to matters which are of interest also to other Unions [other than the Berne Union] administered by the Organization [WIPO], the Executive Committee [of the Assembly of the Berne Union] shall make its decisions after having heard the advice of the Coordination Committee of the Organization" (Article 23(6)(b)). Furthermore, "the Executive Committee [of the Assembly of the Berne Union] shall meet once a year in ordinary session upon convocation by the Director General, preferably during the same period and at the same place as the Coordination Committee of the Organization (WIPO)" (1967 (Stockholm) and 1971 (Paris) Acts of the Berne Convention, Article 23(7)(a); cmphasis added).

On the level of the chief executive and the secretariat, the situation is that "the Director General of the Organization (WIPO) shall be the chief executive of the [Berne] Union and shall represent the [Berne] Union," and that the "administrative tasks with respect to the [Berne] Union shall be performed by the International Bureau [of WIPO]" (1967 (Stockholm) and 1971 (Paris) Acts of the Berne Convention, Article 24(1)(c) and (a), respectively).

There are no direct relations between the United Nations and the Berne Union, except that representatives of the United Nations are invited to

sessions of the Assembly of the Berne Union and of the Executive Committee of that Assembly. But there are indirect relations, through the Director General of WIPO and the International Bureau of WIPO, on the basis of the agreement between the United Nations and WIPO, an agreement that has been in force since December 17, 1974. As a consequence of that agreement, on December 17, 1974, WIPO became a "specialized agency" in the United Nations system of organizations. The agreement recognizes" WIPO "as a specialized agency and as being responsible for taking appropriate action in accordance with its basic instrument, treaties and agreements administered by it [WIPO], inter alia, for promoting creative intellectual activity and for facilitating the transfer of technology related to industrial property in order to accelerate economic, social and cultural development..." (Article 1 of the said Agreement). One of the treaties administered by WIPO to which that Agreement refers is the Berne Convention. Thus, the competence of the Berne Union is also recognized by the United Nations.

PART IV

THE HISTORY OF THE EFFORTS OF THE BERNE UNION FOR BETTER COPYRIGHT PROTECTION IN THE WORLD

The Berne Union, that is, the governments of the countries party to that Union, are aware of the fact that the promotion of a better protection of the rights of authors cannot be solely done by revising, from time to time, the Berne Convention but has to be done also by other actions, mainly through the International Bureau of Intellectual Property, the secretariat of WIPO.

Such other actions are chronicled in the following chapters. They are subdivided into four parts. dealing with the following four subjects: establishment of treaties on subjects related to copyright, copyright law subjects of topical interest, development cooperation in the field of copyright and cooperation with other organizations.

Establishment of Treaties on Subjects Related to Copyright

During the first hundred years of its existence, seven multilateral treaties were concluded under the exclusive or partial initiative and sponsorship

of the member countries and the organs of the Berne Union, treaties which deal with subjects related to copyright. These seven treaties were concluded in the 21-year period between 1960 and 1981 and are dealt with in the following in the chronological order in which they were adopted.

The 1960 Hague] Act of the Hague Agreement Concerning the International Deposit of Industrial Designs The original Hague Agreement was concluded in 1925 as a "special agreement," not under the Berne Convention, but under the Paris Convention for the Protection of Industrial Property And yet, the Permanent Committee of the Berne Union, in its seventh ordinary session held in Geneva in 1958 (1959 DA 188) and its eighth ordinary session held in Munich in 1959 (1959 DA 206) noted and encouraged the preparations for the diplomatic conference that, eventually, led to the revision of the Agreement. The interest of the Berne Union was motivated by the fact that the distinction between industrial designs (a subject usually covered by industrial property laws and dealt with in the Paris Convention) and works of applied art (a subject usually covered by copyright laws and dealt with in the Berne Convention) is not always easy to make, so much so that in several countries the national laws allow the protection of the same objects as industrial designs and works of applied art. The Permanent Committee of the Berne Union was particularly concerned lest formalities required for protection under industrial property laws could spill over to protection by virtue of copyright laws and saw to it that a provision in the 1960 Act of the Hague Agreement (Article 14) expressly prevented any possible extension of formalities in the field of copyright since the Berne Convention provides that the enjoyment and the exercise of copyright "shall not be subject to any formality" (Article 5(2)).

The Hague Agreement provides for the possibility of depositing industrial designs internationally. The international deposit is made with the International Bureau of WIPO either directly or through the intermediary of the national industrial property office of the competent Contracting State. The international deposit has, in each of the Contracting States designated by the applicant, the same effect as if all the formalities required by the domestic law for the grant of protection had been complied with by the applicant and as if all administrative acts required to that end had been accomplished by the office of that State. Each Contracting State may refuse protection within six months from the date of the receipt of the publication of the international deposit. The refusal of protection can only be based on requirements of

the domestic law other than the formalities and administrative acts to be accomplished under the domestic law by the office of the Contracting State which refuses the protection. The effect of the international deposit lasts five years, or, if renewed, a total of ten years.

The system described above was in force on January 1, 1986, that is, at the beginning of the year of the centenary of the Berne Convention, among Belgium, France, Germany (Federal Republic of). Hungary, Liechtenstein, Luxembourg. Monaco, the Netherlands. Senegal, Suriname and Switzerland. During the calendar year 1985. 1,799 deposits, concerning some 12,000 designs were made.

The International [Rome] Convention [1961] for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations. The first formal expression concerning (one of the) neighboring rights dates back to 1928. In the conference of revision of the Berne Convention, held in that year in Rome, a vou (wish or recommendation) was expressed by the member countries of the Berne Union to the effect that the possibility of measures for the safeguarding of the rights of performing artists be envisaged: "La Conférence émet le vœu que les Gouvernements qui ont participé aux travaux de la Conférence envisagent la possibilité de mesures destinées à sauvegarder les droits des artistes exécutants."

The International Bureau of the Berne Union, together with the International Institute of Rome for the Unification of Private Law, convened a meeting of experts in Samedan (Switzerland) in 1939. That meeting drew up the draft of four separate treaties: (i) one on performers and the producers of phonograms, (ii) one on broadcasts. (iii) one on information by the press and (iv) one on droit de suite. Those drafts were based on a draft that was drawn up by Fritz Ostertag, then Director of the United International Bureaus of the Paris and Berne Unions. The four drafts were intended to become annexes to the Berne Convention and were intended to be adopted by the revision conference of the Berne Union scheduled to be held in Brussels in 1939.

The conference of revision of 1948 (Brussels) of the Berne Union did not deal with the said draft treaties. In three separate vaux (wishes or recommendations), it merely expressed the wish that the protection of the manufacturers of phonograms, of broadcasting organizations and performing artists be actively studied. The question of the conclusion of a treaty was considered by the Permanent Committee of the Berne Union in all its sessions between 1949 and 1960 as well as in the said Committee's subcommittee when it met,

twice, in 1951. In the second of those meetings, Benigne Mentha, the then Director of the International Bureau, presented a remarkable report which remained a solid basis for further discussions (see 1951 DA 70).

The protection of performing artists was of interest also to the International Labour Organisation, whereas all three subjects (performances, phonograms, broadcasts)—because of their using works protected by copyright-were also of interest to Unesco which, through sponsoring the adoption of the Universal Copyright Convention, had its say in copyright matters. Thus, the possibilities of concluding a multilateral treaty on what was termed "neighboring rights" was pursued, during the ten-year period from 1951 to 1961, jointly, first, between the International Bureau of the Berne Union and the International Labour Office (ILO), and, later, also the Secretariat of Unesco. Some of the milestones of this preparatory work were the committees, study meetings, working groups or committees of experts convened by one, two or all three of the said Organizations: in Rome in 1951 (1951 DA 137), in Paris in 1954 (1954 DA 211), in Berne in 1955 (1955 DA 194), in Monaco in 1957 (1957 DA 72) and in The Hague in 1960 (1960 DA 161).

Those preparatory meetings led to the diplomatic conference, convened by the Government of Italy and the three intergovernmental secretariats (BIRPI, ILO and Unesco) and held in Rome in 1961. The Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations-popularly known as "the Rome Convention" or "the Neighboring Rights Convention" was adopted by that diplomatic con

ference.

In order to underline its connections to copyright, the Rome Convention is open only to States party to the Berne Convention or the Universal Copyright Convention and provides, in its first article: "Protection granted under this [i.e.. the Rome] Convention shall leave intact and shall in no way affect the protection of copyright in literary and artistic works."

The purpose of the Rome Convention is to provide protection at the international level for the three categories of auxiliaries of literary and artistic creation mentioned in its title.

Performers (actors, singers, musicians, dancers, and other persons who perform literary or artistic works) are protected against certain acts the doing of which they have not consented to. Such acts are: the broadcasting and the communication to the public of their live performance; the fixation of their live performance; the reproduction of such a fixation if the original fixation was made without their consent or if the reproduction is made for

purposes different from those for which they gave their consent.

Producers of phonograms enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms. Phonograms are defined in the Convention as meaning any exclusively aural fixation of sounds of a performance or of other sounds. When a phonogram published for commercial purposes gives rise to secondary uses (such as broadcasting or communication to the public in any form), a single equitable remuneration must be paid by the user to the performers, or to the producers of the phonograms, or to both; States are free, however, not to apply this rule or to limit its application.

Broadcasting organizations enjoy the right to authorize or prohibit certain acts, namely: the rebroadcasting of their broadcasts; the fixation of their broadcasts; the reproduction of such fixations; the communication to the public of their television broadcasts if such communication is made in places accessible to the public against payment of an entrance fee.

The Rome Convention created an Intergovernmental Committee "to study questions concerning the application and operation of this Convention ... and to collect proposals and to prepare documentation for possible revision of this Convention" (Article 32). The Secretariat of the Intergovernmental Committee is furnished by the International Bureau of the Berne Union (since 1970. of WIPO), the International Labour Office and the Secretariat of Unesco. The costs of the meetings of the Intergovernmental Committee are borne by WIPO, ILO and Unesco, or, more precisely, as far as WIPO is concerned, by the budget of the Berne Union.

The Intergovernmental Committee has held, so far, ten ordinary (1967, 1969, 1971, 1973, 1975. 1977, 1979, 1981, 1983, 1985) and two (1972, 1974) extraordinary sessions. In each of them, matters concerning the protection of neighboring rights were discussed and means are sought to encourage accession to the Convention by countries not yet party to it.

On January 1, 1986, that is, at the beginning of the year of the centenary of the Berne Convention (and the first quarter centenary of the Rome Convention), the following 29 States were party to the Rome Convention: Austria, Barbados, Brazil. Chile, Colombia, Congo, Costa Rica, Czechoslovakia, Denmark, Ecuador, El Salvador, Fiji, Finland, Germany (Federal Republic of). Guatemala, Ireland, Italy, Luxembourg, Mexico, Monaco, Niger, Norway, Panama, Paraguay. Peru, Philippines, Sweden, United Kingdom, Uruguay.