Berne Convention

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nodecopyrightaid
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Berne Convention

Post by nodecopyrightaid » Sat Jul 02, 2011 9:04 am

what is Berne Convention's opinion about usage of products that have copy right by countries that aren't member of Berne?
could they use product of member of Berne?
please reply me

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AndyJ
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Post by AndyJ » Sat Jul 02, 2011 3:39 pm

281 countries are signatories to the Berne Convention, the Universal Copyright Convention or the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) which to varying degrees provide inter-operable basic copyright protection. Only five major states (Iran, Iraq, Afghanistan, Syria and North Korea) and a handfull of minor states are outside all of these treaties. Signatory states are not required to recognise the copyright of non-signatory countries.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

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Post by nodecopyrightaid » Sat Jul 02, 2011 4:43 pm

thanks
so,it means non-signatory countries can use products of member of Berne.yes?
in fact non-signatories and signatory accept this state.

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Post by AndyJ » Sat Jul 02, 2011 8:49 pm

It will all depend on the copyright law (if there is any) of the country concerned. For example North Korea has a copyright law, and it might, theoretically, be possible for someone from another state whose work had been infringed to use the North Korean courts to sue, if the court was prepared to recognise the first owner's claim - say, if the work had also been published in N Korea. On the other hand in a country like Afghanistan which has no copyright law, I do not know of any remedy for infringement which went on within the non-signatory state.
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Post by nodecopyrightaid » Sun Jul 03, 2011 4:29 pm

thanks for your reply
then,an iranian can use Microsoft Windows Xp in Iran,can't he?

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Post by AndyJ » Sun Jul 03, 2011 4:50 pm

I can do no better than to quote from Wikipedia on the subject:
Microsoft products can be copied and distributed freely in Iran, whether by government offices, universities, or personal users. There are shopping centers in Tehran and other cities in Iran that specialize in the distribution of often highly specialized software. Government-affiliated organizations such as the Jahad Daneshgahi sells copies of software at prices much cheaper than other countries across many campuses such as Tehran University.

Two shopping centers are especially known for the sale of numerous copies of software are Pasazh Paytakht (مجتمع کامپیوتر پایتخت) located adjacent to K. N. Toosi University of Technology, and Bazaar Reza (near Amir Kabir University). Other centers exist in Ekbatan and Enqelab Square. Recently, there has been a surge in Iranian "Warez" and "Crackz" websites, as the Iranian laws do not forbid hosting them in Iran. Hence, unlike most other countries where hosting these websites might potentially lead to prosecution, it is very efficient to do so in Iran.
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Post by nodecopyrightaid » Sat Jul 09, 2011 3:53 pm

AndyJ,you are expert and responsible
thanks for your attention to my problem.
I learned from The Link that Iranian aren't offending when they use Microsoft product
also American can Publish Iranian products because Iran and US haven't copyright relation.
do you accept ?

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