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Date: Tue, 1 Nov 1994 15:28:26 -0500
From: s674448@aix2.uottawa.ca (David Boraschi)
Message-Id: <9411012028.AA18474@aix2.uottawa.ca>
To: 674448@acadvm1.uottawa.ca
Subject: Copyright Protection for Computer Software:  Eastern Europe

         COPYRIGHT PROTECTION FOR COMPUTER SOFTWARE
                       EASTERN EUROPE


The following are brief summaries of the copyright protection
for computer software in 14 countries and the General
Agreement on Tariffs and Trade (GATT).

Countries included in this report are listed below:
     Albania, Bosnia & Herzegovina, Bulgaria, Croatia, Czech
     Republic, Estonia, Hungary, Latvia, Lithuania, Poland,
     Romania, Slovakia, Slovenia, the Former Yugoslav
     Republic of Macedonia

Each entry contains, when possible, the name and date of
relevant law(s) and amendments, the term and scope of
protection, available sanctions, and the multilateral
intellectual property rights (IPR) conventions to which the
country belongs.  Other relevant information is also provided,
when possible.

BECAUSE THESE ARE ONLY BRIEF SUMMARIES AND LAWS ARE SUBJECT TO
CHANGE, RECIPIENTS ARE STRONGLY ENCOURAGED TO CONFIRM THE
INFORMATION IN THIS DOCUMENT AND TO OBTAIN MORE INFORMATION
FROM QUALIFIED LEGAL COUNSEL.

Agreements.  Abbreviations for the multilateral IPR
agreements/organizations mentioned in this document are listed
below:
     Berne          Berne Convention for the Protection of
                    Literary Works
     UCC       Universal Copyright Convention
     Bilateral Bilateral Copyright Treaty with the United
               States
     GATT      General Agreement on Tariffs and Trade.
For the Berne and UCC Conventions, this document lists the
version to which the country adheres and the year in which the
country first became party to the convention.  The date listed
for bilateral copyright agreements is the date of the first
such agreement.  For the GATT, the date listed is the year in
which the country acceded to the agreement.

Software Piracy Estimates.  The estimates of software piracy
quoted in this report were provided by the Business Software
Alliance (BSA), a Washington, DC-based trade association
devoted to combating software piracy worldwide.  For more
information on piracy, call BSA's anti-piracy hotline at (800)
688-BSA1 or write BSA at 2001 L Street NW, Washington, DC
20036.

Special 301 Reviews.  Each year, the United States Trade
Representative (USTR) conducts reviews of the IPR and IPR-
related market access practices of U.S. trading partners.
Designed to strengthen the Administration's ability to
negotiate improvements in foreign IPR regimes, these reviews
are authorized by the 1974 Trade Act, as amended by the
Special 301 provisions of the 1988 Omnibus Trade and
Competitiveness Act.  Under these provisions, the
Administration must identify "foreign countries that deny
adequate and effective protection of intellectual property
rights, or deny fair and equitable market access to United
States persons that rely upon intellectual property
protection."  As a result of these reviews, countries may be
designated "priority foreign countries" or be placed on the
USTR's "priority watch" or "watch" lists.

Priority foreign countries have the most onerous or egregious
practices that have the greatest adverse impact (actual or
potential) on U.S. products, and are not making significant
progress in bilateral or multilateral IPR negotiations.  The
priority watch and watch lists identify countries that have
serious IPR deficiencies but do not meet all of the statutory
criteria for designation as priority foreign countries.


        GENERAL AGREEMENT ON TARIFFS & TRADE (GATT)

LAW:           Trade-Related Aspects of Intellectual
               Property Rights (TRIPS) Agreement (4/94)
TERM:               Life of author + 50 years; 50 years from
                    publication if term not measured from a
                    life
SCOPE:         Computer programs (both source and object
               code) are protected as literary works;
               databases are protected as compilations
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Not applicable
COMMENTS:      GATT members will implement the TRIPS
               provisions at different times;  all
               countries will have one year to implement
               the TRIPS provisions; developing countries
               will have an additional four years


                          ALBANIA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (3/94)


                    BOSNIA & HERZEGOVINA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1992)
COMMENTS:      Bosnia and Herzegovina submitted
               instruments of deposit to the Universal
               Copyright Convention (Geneva) in 7/93, but
               they have not yet taken effect


                          BULGARIA

LAW:           Decree No. 15 (1979), as amended (1993)
TERM:               Not available
SCOPE:         Computer programs are explicitly protected
               as literary works
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1921); UCC--Paris (1975);
                    Bilateral (1993)


                          CROATIA

LAW:           Copyright Act (1990)
TERM:               Life of author + 50 years; 50 years from
                    creation for works made for hire
SCOPE:         Computer programs are explicitly protected
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1991); UCC--Paris (1966)
COMMENTS:      Computer programs are not patentable


                       CZECH REPUBLIC

LAW:           Copyright Act (1965), as amended (1990)
TERM:               Life of author + 50 years
SCOPE:         Computer programs are explicitly protected;
               exclusive rights of reproduction,
               distribution, and adaptation
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1993); GATT (1993)
COMMENTS:      The Czech Republic adheres to the
               intellectual property laws of the former
               Czechoslovakia; the Czech Republic
               submitted instruments of deposit to the
               Universal Copyright Convention (Geneva) in
               3/93, but they have not yet taken effect;
               computer programs are not patentable;
               registration is not required; BSA estimates
               that the software publishing and
               distribution industries lost $185.0 million
               in 1993 due to application software piracy
               in the Czech Republic (piracy rate: 86
               percent)


                          ESTONIA

LAW:           Copyright Law (1992)
TERM:               Not available
SCOPE:         Computer programs are explicitly protected
               as literary works
SANCTIONS:          Not available
AGREEMENTS:         Unclear
COMMENTS:      Estonia has announced its intention to join
               the Berne Convention


                          HUNGARY

LAW:           Copyright Act (1969), as amended (1983,
               1988, and 1993)
TERM:               Life of author + 50 years
SCOPE:         Computer programs (source and object code)
               are explicitly protected as literary works;
               data bases are protected as compilations
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1922); UCC--Paris (1971);
                    Bilateral (1912); GATT (1973)
COMMENTS:      Hungary and the United States signed a
               comprehensive bilateral intellectual
               property agreement in 7/93; the Hungarian
               Parliament passed implementing legislation
               in 2/94 which will take effect in 7/94;
               registration is not required, but a
               database of works is maintained by
               ARTISJUS; on Special 301 Watch List (1991);
               on Special 301 Priority Watch List (1992
               and 1993)


                           LATVIA

LAW:           Copyright Law (1993)
TERM:               Not available
SCOPE:         Computer programs are explicitly protected
               as literary works
SANCTIONS:          Not available
AGREEMENTS:         Unclear
COMMENTS:      Latvia has announced its intention to join
               the Berne Convention


                         LITHUANIA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Unclear
COMMENTS:      Draft legislation that explicitly protects
               computer programs has been prepared but has
               not yet been implemented; Lithuania has
               announced its intention to join the Berne
               Convention


                           POLAND

LAW:           Copyright Law (1/94)
TERM:               Life of author + 50 years
SCOPE:         Computer programs are "subject to the same
               protection as literary works;" rights
               include rental
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Rome (1920); UCC--Paris (1977);
                    Bilateral (1927); GATT (1967)
COMMENTS:      Registration is not required; computer
               programs are not patentable; on Special 301
               Priority Watch List (1992 and 1993); on
               Special 301 Watch List (1994); BSA
               estimates that the software publishing and
               distribution industries lost $215.7 million
               in 1993 due to application software piracy
               in Poland (piracy rate: 94 percent)


                          ROMANIA

LAW:           Decree 321 (1956)
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Rome (1927); Bilateral (1928); GATT
                    (1971)
COMMENTS:      Romania has deposited documents to accede
               to the Stockholm Act of the Berne
               Convention, but the substantive provisions
               have not yet entered into force; the
               current draft of a new copyright law is not
               consistent with the European Union Software
               Directive and does not protect computer
               programs; computer programs are not
               patentable


                          SLOVAKIA

LAW:           Copyright Act (1965), as amended (1990)
TERM:               Life of author + 50 years
SCOPE:         Computer programs are explicitly protected;
               exclusive rights of reproduction,
               distribution, and adaptation
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1993); GATT (1993)
COMMENTS:      Slovakia adheres to the intellectual
               property laws of the former Czechoslovakia;
               Slovakia submitted instruments of deposit
               to the Universal Copyright Convention
               (Geneva) in 3/93, but they have not yet
               taken effect; registration is not required


                          SLOVENIA

LAW:           Copyright Act (1990)
TERM:               Life of the author + 50 years; 50 years
                    from creation for works made for hire
SCOPE:         Computer programs are explicitly protected
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1991); UCC--Paris (1966)


         THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1991)



======================================================================== Subject: Copyright Protection for Computer Software:  Asia & the Pacific

         COPYRIGHT PROTECTION FOR COMPUTER SOFTWARE
                     ASIA & the PACIFIC


The following are brief summaries of the copyright protection
for computer software in 24 countries and the General
Agreement on Tariffs and Trade (GATT).

The countries listed in this report are listed below:
     Australia, Bangladesh, Brunei, Cambodia, China, Fiji,
     Hong Kong, India, Indonesia, Japan, Korea (S.), Laos,
     Macau, Malaysia, Maldives, Myanmar (formerly Burma), New
     Zealand, Pakistan, Philippines, Singapore, Sri Lanka,
     Taiwan, Thailand, and Vietnam.

Each entry contains, when possible, the name and date of
relevant law(s) and amendments, the term and scope of
protection, available sanctions, and the multilateral
intellectual property rights (IPR) conventions to which the
country belongs.  Other relevant information is also provided,
when possible.

BECAUSE THESE ARE ONLY BRIEF SUMMARIES AND LAWS ARE SUBJECT TO
CHANGE, RECIPIENTS ARE STRONGLY ENCOURAGE TO CONFIRM THE
INFORMATION IN THIS DOCUMENT AND TO OBTAIN MORE INFORMATION
FROM QUALIFIED LEGAL COUNSEL.

Agreements.  Abbreviations for the multilateral IPR
agreements/organizations mentioned in this document are listed
below:
     Berne          Berne Convention for the Protection of
                    Literary Works
     UCC       Universal Copyright Convention
     Bilateral Bilateral Copyright Treaty with the United
               States
     GATT      General Agreement on Tariffs and Trade
For the Berne and UCC Conventions, this document lists the
version to which the country adheres and the year in which the
country first became party to the convention.  The date listed
for bilateral copyright agreements is the date of the first
such agreement.  For the GATT, the date listed is the year in
which the country acceded to the agreement.

Software Piracy Estimates.  The estimates of software piracy
quoted in this report were provided by the Business Software
Alliance (BSA), a Washington, DC-based trade association
devoted to combating software piracy worldwide.  For more
information on piracy, call BSA's anti-piracy hotline at (800)
688-BSA1 or write BSA at 2001 L Street NW, Washington, DC
20036.

Special 301 Reviews.  Each year, the United States Trade
Representative (USTR) conducts reviews of the IPR and IPR-
related market access practices of U.S. trading partners.
Designed to strengthen the Administration's ability to
negotiate improvements in foreign IPR regimes, these reviews
are authorized by the 1974 Trade Act, as amended by the
Special 301 provisions of the 1988 Omnibus Trade and
Competitiveness Act.  Under these provisions, the
Administration must identify "foreign countries that deny
adequate and effective protection of intellectual property
rights, or deny fair and equitable market access to United
States persons that rely upon intellectual property
protection."  As a result of these reviews, countries may be
designated "priority foreign countries" or be placed on the
USTR's "priority watch" or "watch" lists.

Priority foreign countries have the most onerous or egregious
practices that have the greatest adverse impact (actual or
potential) on U.S. products, and are not making significant
progress in bilateral or multilateral IPR negotiations.  The
priority watch and watch lists identify countries that have
serious IPR deficiencies but do not meet all of the statutory
criteria for designation as priority foreign countries.


        GENERAL AGREEMENT ON TARIFFS & TRADE (GATT)

LAW:           Trade-Related Aspects of Intellectual
               Property Rights (TRIPS) Agreement (4/94)
TERM:               Life of author + 50 years; 50 years from
                    publication if term not measured from a
                    life
SCOPE:         Computer programs (both source and object
               code) are protected as literary works;
               databases are protected as compilations
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Not applicable
COMMENTS:      GATT members will implement the TRIPS
               provisions at different times;  all
               countries will have one year to implement
               the TRIPS provisions; developing countries
               will have an additional four years


                         AUSTRALIA

LAW:           Copyright Act (1968), as amended (1984)
TERM:               Life of author + 50 years
SCOPE:         Computer programs (both source and object
               code) are explicitly protected as literary
               works; exclusive rights of reproduction,
               diffusion, and adaptation
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1928); UCC--Paris (1969);
                    Bilateral (1918); GATT (1948)
COMMENTS:      A 1993 Copyright Reform Committee report
               supports allowing decompilation to
               determine interoperability and parallel
               importation of software from countries that
               are main software suppliers to Australia;
               it also recommends adding an exclusive
               rental right; pre-1984 infringements may
               not be prosecuted; registration is not
               required; on Special 301 Priority Watch
               List (1991-1993); on Special 301 Watch List
               (1994); BSA estimates that the software
               publishing and distribution industries lost
               $116.9 million in 1993 due to application
               software piracy in Australia (piracy rate:
               47 percent)


                         BANGLADESH

LAW:           Copyright Ordinance (1962)
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         UCC--Paris (1975); GATT (1972)


                           BRUNEI

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         GATT (1993)


                          CAMBODIA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         UCC--Geneva (1955)


                           CHINA

LAW:           Bilateral Agreement (1992)
TERM:               50 years from publication
SCOPE:         New and existing computer programs are
               protected as literary works; exclusive
               rights of reproduction, distribution, and
               adaptation
SANCTIONS:          Civil remedies
AGREEMENTS:         Berne--Paris (1992); UCC--Paris (1992);
                    Bilateral (1992)
COMMENTS:      Pre-March 1992 infringements may not be
               prosecuted; registration is not required;
               on Special 301 Priority Watch List (1989
               and 1990); on Special 301 Watch List (1992
               and 1993); designated a Special 301
               Priority Foreign Country (1991 and 1994);
               BSA estimates that the software publishing
               and distribution industries lost $595.9
               million in 1993 due to application software
               piracy in China (piracy rate: 94 percent)


                            FIJI

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Brussels (1971); UCC--Geneva (1970);
                    GATT (1993)


                         HONG KONG

LAW:           Orders extending U.K. laws to Hong Kong
               (1987)
TERM:               Life of author + 50 years
SCOPE:         Computer programs are explicitly protected;
               exclusive rights of reproduction,
               distribution, and adaptation
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne & UCC through U.K. membership; GATT
                    (1986)
COMMENTS:      Registration is not required; BSA estimates
               that the software publishing and
               distribution industries lost $49.0 million
               in 1993 due to application software piracy
               in Hong Kong (piracy rate: 66 percent)


                           INDIA

LAW:           Copyright Act (1957), as amended (1984 &
               1991)
TERM:               Life of author + 60 years
SCOPE:         Computer programs are explicitly protected
               as literary works; exclusive rights of
               reproduction, distribution, and adaptation;
               there is no court history
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1928); UCC--Paris (1958);
                    Bilateral (1947); GATT (1948)
COMMENTS:      Enforcement remains extremely weak;
               computer programs are not patentable; on
               Special 301 Priority Watch List (1989,
               1990, and 1994); designated a Priority
               Foreign Country (1991-1993); BSA estimates
               that the software publishing and
               distribution industries lost $164.9 million
               in 1993 due to application software piracy
               in India (piracy rate: 76 percent)


                         INDONESIA

LAW:           Copyright Law (1982), as amended (1987)
TERM:               25 years from publication
SCOPE:         Computer programs are explicitly protected
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Bilateral (1989); GATT (1950)
COMMENTS:      U.S. works are protected by the bilateral
               agreement; the first copyright infringement
               case under the new law was filed in 11/90;
               computer programs are not patentable;
               piracy is a concern; on Special 301 Watch
               List (1989-1994); BSA estimates that the
               software publishing and distribution
               industries lost $122.4 million in 1993 due
               to application software piracy in Indonesia
               (piracy rate: 99 percent)


                           JAPAN

LAW:           Copyright Act (1970), as amended (1985)
TERM:               Life of author + 50 years; 50 years from
                    publication for works made for hire
SCOPE:         Computer programs are explicitly protected,
               but not as literary works; exclusive rights
               of reproduction, distribution, rental, and
               adaptation; programming languages, syntax,
               and algorithms are not copyrightable;
               courts have ruled that object code is
               copyrightable and that reverse engineering
               is not allowed
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1899); UCC--Paris (1956);
                    GATT (1955)
COMMENTS:      The Japanese Government is currently
               studying whether decompilation of computer
               software should be allowed; registration is
               not required but works may be registered
               within 6 months of creation; the
               registration date is then assumed to be the
               creation date; computer programs are
               patentable; on Special 301 Watch List
               (1989-1993); on Special 301 Priority Watch
               List (1994); BSA estimates that the
               software publishing and distribution
               industries lost $2.0 billion in 1993 due to
               application software piracy in Japan
               (piracy rate: 80 percent)


                         KOREA (S.)

LAW:           Computer Program Protection Act (1987), as
               amended (1993);
TERM:               50 years from creation
SCOPE:         Computer programs and databases are
               explicitly protected; exclusive rights of
               reproduction, distribution, rental, and
               adaptation; program languages, program
               rules, and program solutions used in
               programming are not copyrightable
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         UCC--Paris (1987); GATT (1967)
COMMENTS:      Only works created after 7/1/87 are
               protected; registration is required; no
               civil litigation has been brought under the
               CPP Law; on Special 301 Watch List (1990
               and 1991); on Special 301 Priority Watch
               List (1989, 1992-1994); 1993 legal changes
               (granting a rental right for software and
               stiffer penalties for infringement) will
               take effect 7/1/94; computer programs are
               patentable; BSA estimates that the software
               publishing and distribution industries lost
               $646.0 million in 1993 due to application
               software piracy in Korea (piracy rate: 78
               percent)


                            LAOS

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         UCC--Geneva (1955)


                           MACAU

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         GATT (1991)


                          MALAYSIA

LAW:           Copyright Act (1987)
TERM:               Life of author + 50 years
SCOPE:         Computer programs are explicitly protected
               as literary works
SANCTIONS:          Strong civil and criminal enforcement
                    provisions
AGREEMENTS:         Berne--Paris (1990); GATT (1957)
COMMENTS:      Foreign works became eligible for copyright
               protection on 10/1/90; computer programs
               are not patentable; on Special 301 Watch
               List (1989 and 1990); BSA estimates that
               the software publishing and distribution
               industries lost $86.9 million in 1993 due
               to application software piracy in Malaysia
               (piracy rate: 98 percent)


                          MALDIVES

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         GATT (1983)


                          MYANMAR

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         GATT (1948)


                        NEW ZEALAND

LAW:           Copyright Act (1962)
TERM:               Life of author + 50 years
SCOPE:         Computer programs are not explicitly
               protected; courts have ruled that software
               (both source and object code) is protected
               by copyright
SANCTIONS:          Not available
AGREEMENTS:         Berne--Rome (1928); UCC--Geneva (1964);
                    Bilateral (1916); GATT (1948)
COMMENTS:      Computer programs are not patentable; on
               Special 301 Watch List (1991 and 1992); BSA
               estimates that the software publishing and
               distribution industries lost $36.0 million
               in 1993 due to application software piracy
               in New Zealand (piracy rate: 69 percent)


                          PAKISTAN

LAW:           Copyright Law (1962), as amended (1992)
TERM:               Not available
SCOPE:         Computer programs are explicitly protected
               as literary works
SANCTIONS:          Not available
AGREEMENTS:         Berne--Rome (1948); UCC--Geneva (1955);
                    GATT (1948)
COMMENTS:      A separate "Computer Program Protection
               Law," which could undermine protection for
               software, was proposed by the Pakistani
               Ministry of Science and Technology in 1993;
               its status is uncertain;  Pakistan has
               deposited documents to accede to the
               Stockholm Act of the Berne Convention, but
               the substantive provisions have not yet
               entered into force; piracy is a concern;
               computer programs are not patentable; on
               Special 301 Watch List (1989-1994); BSA
               estimates that the software publishing and
               distribution industries lost $3.2 million
               in 1993 due to application software piracy
               in Pakistan (piracy rate: 99 percent)


                        PHILIPPINES

LAW:           Presidential Decree No. 49 (1973)
TERM:               Life of author + 50 years
SCOPE:         Computer programs are recognized as
               copyrightable works; no cases testing the
               copyrightability of software have been
               reported
SANCTIONS:          Not available
AGREEMENTS:         Berne--Brussels (1951); UCC status
                    undetermined by UNESCO (U.S. Copyright
                    Office considers that UCC relations do not
                    exist); Bilateral (1948); GATT (1979)
COMMENTS:      Computer programs are not patentable;
               piracy is widespread; on Special 301
               Priority Watch List (1992); on Special 301
               Watch List (1989-1991, 1993, and 1994)


                         SINGAPORE

LAW:           Copyright Act (1987)
TERM:               Life of author + 50 years
SCOPE:         Computer programs are explicitly protected
               as literary works
SANCTIONS:          Strong civil and criminal enforcement
                    measures
AGREEMENTS:         Bilateral (1987); GATT (1973)
COMMENTS:      Although the Copyright Act generally
               applies only to works created in Singapore
               or published in Singapore within 30 days of
               first publication elsewhere, U.S. works are
               protected; BSA estimates that the software
               publishing and distribution industries lost
               $32.2 million in 1993 due to application
               software piracy in Singapore (piracy rate:
               63 percent)


                         SRI LANKA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Rome (1959); UCC--Paris (1984); GATT
                    (1948)


                           TAIWAN

LAW:           Taiwanese Copyright Act (1985), as amended
               (1992)
TERM:               Life of author + 50 years
SCOPE:         Computer programs are explicitly protected
               as literary works
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Unclear
COMMENTS:      Recent enforcement efforts have reduced
               piracy, but piracy remains a concern;
               penalties are insufficient deterrents;
               designated a Special 301 Priority Foreign
               Country (1992); on Special 301 Priority
               Watch List (1989 and 1993); on Special 301
               Watch List (1990, 1991, and 1994);  BSA
               estimates that the software publishing and
               distribution industries lost $183.9 million
               in 1993 due to application software piracy
               in Taiwan (piracy rate: 84 percent)


                          THAILAND

LAW:           Copyright Act (1978)
TERM:               Life of author + 50 years; 50 years from
                    publication for works made for hire
SCOPE:         Computer programs are not explicitly
               protected, but the Office of the Juridical
               Council has ruled that the Copyright Act
               protects computer programs as scientific
               works; this ruling is not legally binding;
               there have been no court cases
SANCTIONS:          Not available
AGREEMENTS:         Berne--Berlin (1931); Bilateral (1921);
                    GATT (1982)
COMMENTS:      A draft law is scheduled for a Second
               Reading in 5/94; computer programs are not
               patentable; designated a Special 301
               Priority Foreign Country (1991-1993); on
               Special 301 Priority Watch List (1989,
               1990, and 1994);  BSA estimates that the
               software publishing and distribution
               industries lost $133.3 million in 1993 due
               to application software piracy in Thailand
               (piracy rate: 99 percent)


                          VIETNAM

LAW:           Not available
TERM:               Not available
SCOPE:         U.S. works are not protected
SANCTIONS:          Not available
AGREEMENTS:         Unclear
COMMENTS:      President Clinton lifted the trade embargo
               with Vietnam in 2/94; U.S. companies may
               obtain, defend, and maintain trademarks,
               patents, and copyrights in Vietnam; a draft
               copyright law protects computer programs as
               a separate category of work



======================================================================== Subject: Copyright Protection for Computer Software:  Africa

         COPYRIGHT PROTECTION FOR COMPUTER SOFTWARE
                           AFRICA


The following are brief summaries of the copyright protection
for computer software in 41 countries and the General
Agreement on Tariffs and Trade (GATT).

Countries included in this report are listed below:
     Angola, Benin, Botswana, Burkina Faso, Burundi,
     Cameroon, Central African Republic, Chad, Congo, Cote
     D'Ivoire, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau,
     Kenya, Lesotho, Liberia, Madagascar, Malawi, Mali,
     Mauritania, Mauritius, Mozambique, Namibia, Niger,
     Nigeria, Rwanda, Senegal, Seychelles, Sierra Leone,
     Somalia, South Africa, Sudan, Swaziland, Tanzania, Togo,
     Uganda, Zaire, Zambia, Zimbabwe

Each entry contains, when possible, the name and date of
relevant law(s) and amendments, the term and scope of
protection, available sanctions, and the multilateral
intellectual property rights (IPR) conventions to which the
country belongs.  Other relevant information is also provided,
when possible.

BECAUSE THESE ARE ONLY BRIEF SUMMARIES AND LAWS ARE SUBJECT TO
CHANGE, RECIPIENTS ARE STRONGLY ENCOURAGED TO CONFIRM THE
INFORMATION IN THIS DOCUMENT AND TO OBTAIN MORE INFORMATION
FROM QUALIFIED LEGAL COUNSEL.

Agreements.  Abbreviations for the multilateral IPR
agreements/organizations mentioned in this document are listed
below:
     Berne          Berne Convention for the Protection of
                    Literary Works
     UCC       Universal Copyright Convention
     Bilateral Bilateral Copyright Treaty with the United
               States
     GATT      General Agreement on Tariffs and Trade
     AIPO      African Intellectual Property Organization
     ARIPO          African Regional Industrial Property
                    Organization
For the Berne and UCC Conventions, this document lists the
version to which the country adheres and the year in which the
country first became party to the convention.  The date listed
for bilateral copyright agreements is the date of the first
such agreement.  For the GATT, the date listed is the year in
which the country acceded to the agreement.

Software Piracy Estimates.  The estimates of software piracy
quoted in this report were provided by the Business Software
Alliance (BSA), a Washington, DC-based trade association
devoted to combating software piracy worldwide.  For more
information on piracy, call BSA's anti-piracy hotline at (800)
688-BSA1 or write BSA at 2001 L Street NW, Washington, DC
20036.


        GENERAL AGREEMENT ON TARIFFS & TRADE (GATT)

LAW:           Trade-Related Aspects of Intellectual
               Property Rights (TRIPS) Agreement (4/94)
TERM:               Life of author + 50 years; 50 years from
                    publication if term not measured from a
                    life
SCOPE:         Computer programs (both source and object
               code) are protected as literary works;
               databases are protected as compilations
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Not applicable
COMMENTS:      GATT members will implement the TRIPS
               provisions at different times;  all
               countries will have one year to implement
               the TRIPS provisions; developing countries
               will have an additional four years


                           ANGOLA

LAW:           Law on Author's Rights No. 4/90 (1990)
TERM:               Life of author + 50 years
SCOPE:         Computer programs are listed as protected
               works; there are no special provisions
               applicable to computer programs
SANCTIONS:          Not available
AGREEMENTS:         Unclear
COMMENTS:      Foreign works are protected only on a
               reciprocal basis or if they are first
               published in Angola


                           BENIN

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1961); GATT (1990); AIPO


                          BOTSWANA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         GATT (1987); ARIPO


                        BURKINA FASO

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1963); GATT (1963); AIPO
COMMENTS:      Burkina Faso denounced the Berne Convention
               from 1970-1976 then reacceded to the
               Convention in 1976


                          BURUNDI

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         GATT (1965)


                          CAMEROON

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1964); UCC--Paris (1973);
                    GATT (1963); AIPO


                  CENTRAL AFRICAN REPUBLIC

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1977); GATT (1963); AIPO


                            CHAD

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Brussels (1971); GATT (1963); AIPO


                           CONGO

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1962); GATT (1963); AIPO


                       COTE D'IVOIRE

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1962); GATT (1963); AIPO


                           GABON

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1962); GATT (1963); AIPO


                           GAMBIA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1993); GATT (1965); ARIPO


                           GHANA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          There is injunction relief for unauthorized
                    use of copyright and other intellectual
                    property rights
AGREEMENTS:         Berne--Paris (1991); UCC--Geneva (1962);
                    GATT (1957); ARIPO


                           GUINEA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1980); UCC--Paris (1981)


                       GUINEA-BISSAU

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1991)


                           KENYA

LAW:           Copyright Act (1989)
TERM:               Not available
SCOPE:         Computer programs are explicitly protected
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1993); UCC--Paris (1966);
                    GATT (1964); ARIPO
COMMENTS:      Piracy is a concern


                          LESOTHO

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1989); GATT (1988); ARIPO


                          LIBERIA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1989); UCC--Geneva (1956)


                         MADAGASCAR

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Brussels (1966); GATT (1963)


                           MALAWI

LAW:           Not available
TERM:               10 years from date of first use, sale,
                    lease, or license
SCOPE:         Computer programs are explicitly protected
               as literary works
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1991); UCC--Geneva (1965);
                    GATT (1964); ARIPO


                            MALI

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1962); GATT (1993); AIPO


                         MAURITANIA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1973); GATT (1963); AIPO


                         MAURITIUS

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1989); UCC--Geneva (1968);
                    GATT (1970)


                         MOZAMBIQUE

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         GATT (1992)


                          NAMIBIA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1990); GATT (1992)


                           NIGER

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1962); UCC--Paris (1989);
                    GATT (1963); AIPO


                          NIGERIA

LAW:           Copyright Law (1988)
TERM:               Not available
SCOPE:         Computer programs are explicitly protected
               as literary works
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1993); UCC--Geneva (1962);
                    GATT (1960)
COMMENTS:      Enforcement is very weak; BSA estimates
               that the software publishing and
               distribution industries lost $1.4 million
               in 1993 due to application software piracy
               in Nigeria (piracy rate: 83 percent)


                           RWANDA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1984); UCC--Paris (1989);
                    GATT (1966)


                          SENEGAL

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1962); UCC--Paris (1974);
                    GATT (1963); AIPO


                         SEYCHELLES

LAW:           Copyright Act (1982, effective 1984)
TERM:               Life of author + 25 years
SCOPE:         Computer programs are explicitly protected
               as literary works
SANCTIONS:          Not available
AGREEMENTS:         Unclear
COMMENTS:      U.S. works are protected only if they are
               first published in the Seychelles or if one
               of the authors is a Seychelles citizen or
               corporation


                        SIERRA LEONE

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         GATT (1961); ARIPO


                          SOMALIA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         ARIPO


                        SOUTH AFRICA

LAW:           Copyright Law (1978), as amended (1992)
TERM:               Not available
SCOPE:         Computer programs are protected under a sui
               generis regime
SANCTIONS:          Not available
AGREEMENTS:         Berne--Brussels (1928); Bilateral (1924);
                    GATT (1948)
COMMENTS:      Computer programs are not patentable; BSA
               estimates that the software publishing and
               distribution industries lost $54.6 million
               in 1993 due to application software piracy
               in South Africa (piracy rate: 45 percent)


                           SUDAN

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         ARIPO


                         SWAZILAND

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         GATT (1993); ARIPO


                          TANZANIA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         GATT (1961); ARIPO


                            TOGO

LAW:           Law on the Protection of Copyright,
               Folklore & Neighboring Rights No. 91-12
               (1991)
TERM:               Not available
SCOPE:         Computer programs are listed as a separate
               category of copyrighted work
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1975); GATT (1964); AIPO
COMMENTS:      There are no special provisions or
               limitations on software copyright owners


                           UGANDA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         GATT (1962); ARIPO


                           ZAIRE

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1963); GATT (1971)


                           ZAMBIA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1992); UCC--Geneva (1965);
                    GATT (1982); ARIPO


                          ZIMBABWE

LAW:           Copyright Law
TERM:               Not available
SCOPE:         Although the law does not explicitly
               mention computer programs, the consensus of
               private sector and government experts is
               that computer programs are protected
SANCTIONS:          Not available
AGREEMENTS:         Berne--Rome (1980); GATT (1948); ARIPO



======================================================================== Subject: Copyright Protection for Computer Software:  Americas

         COPYRIGHT PROTECTION FOR COMPUTER SOFTWARE
                          AMERICAS


The following are brief summaries of the copyright protection
for computer software in 33 countries and three multilateral
agreements (General Agreement on Tariffs and Trade (GATT),
North American Free Trade Agreement (NAFTA), and Andean Pact
Decision 351).

The countries included in this report are listed below:
     Antigua & Barbuda, Argentina, Bahamas, Barbados, Belize,
     Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica,
     Dominica, Dominican Republic, Ecuador, El Salvador,
     Grenada, Guatemala, Guyana, Honduras, Jamaica, Mexico,
     Nicaragua, Panama, Paraguay, Peru, St. Kitts & Nevis,
     St. Lucia, St. Vincent & the Grenadines, Suriname,
     Trinidad & Tobago, United States, Uruguay, Venezuela

Each entry contains, when possible, the name and date of
relevant law(s) and amendments, the term and scope of
protection, available sanctions, and the multilateral
intellectual property rights (IPR) conventions to which the
country belongs.  Other relevant information is also provided,
when possible.

BECAUSE THESE ARE ONLY BRIEF SUMMARIES AND LAWS ARE SUBJECT TO
CHANGE, RECIPIENTS ARE STRONGLY ENCOURAGED TO CONFIRM THE
INFORMATION IN THIS DOCUMENT AND TO OBTAIN MORE INFORMATION
FROM QUALIFIED LEGAL COUNSEL.

Agreements.  Abbreviations for the multilateral IPR
agreements/organizations mentioned in this document are listed
below:
     Berne          Berne Convention for the Protection of
                    Literary Works
     UCC       Universal Copyright Convention
     Bilateral Bilateral Copyright Treaty with the United
               States
     GATT      General Agreement on Tariffs and Trade
     NAFTA          North American Free Trade Agreement
For the Berne and UCC Conventions, this document lists the
version to which the country adheres and the year in which the
country first became party to the convention.  The date listed
for bilateral copyright agreements is the date of the first
such agreement.  For the GATT, the date listed is the year in
which the country acceded to the agreement.

Software Piracy Estimates.  The estimates of software piracy
quoted in this report were provided by the Business Software
Alliance (BSA), a Washington, DC-based trade association
devoted to combating software piracy worldwide.  For more
information on piracy, call BSA's anti-piracy hotline at (800)
688-BSA1 or write BSA at 2001 L Street NW, Washington, DC
20036.

Special 301 Reviews.  Each year, the United States Trade
Representative (USTR) conducts reviews of the IPR and IPR-
related market access practices of U.S. trading partners.
Designed to strengthen the Administration's ability to
negotiate improvements in foreign IPR regimes, these reviews
are authorized by the 1974 Trade Act, as amended by the
Special 301 provisions of the 1988 Omnibus Trade and
Competitiveness Act.  Under these provisions, the
Administration must identify "foreign countries that deny
adequate and effective protection of intellectual property
rights, or deny fair and equitable market access to United
States persons that rely upon intellectual property
protection."  As a result of these reviews, countries may be
designated "priority foreign countries" or be placed on the
USTR's "priority watch" or "watch" lists.

Priority foreign countries have the most onerous or egregious
practices that have the greatest adverse impact (actual or
potential) on U.S. products, and are not making significant
progress in bilateral or multilateral IPR negotiations.  The
priority watch and watch lists identify countries that have
serious IPR deficiencies but do not meet all of the statutory
criteria for designation as priority foreign countries.


        GENERAL AGREEMENT ON TARIFFS & TRADE (GATT)

LAW:           Trade-Related Aspects of Intellectual
               Property Rights (TRIPS) Agreement (4/94)
TERM:               Life of author + 50 years; 50 years from
                    publication if term not measured from a
                    life
SCOPE:         Computer programs (both source and object
               code) are protected as literary works;
               databases are protected as compilations
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Not applicable
COMMENTS:      GATT members will implement the TRIPS
               provisions at different times;  all
               countries will have one year to implement
               the TRIPS provisions; developing countries
               will have an additional four years


        NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA)

LAW:           North American Free Trade Agreement (1993,
               effective 1/1/94)
TERM:               Life of author + 50 years
SCOPE:         Computer programs are explicitly protected
               as literary works and databases as
               compilations; rights of importation,
               distribution, and rental
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Not applicable


                  ANDEAN PACT DECISION 351

LAW:           Decision 351 (1993, effective 1/1/94)
TERM:               Life of the author + 50 years
SCOPE:         Computer programs (source and object code)
               and databases are "protected under the same
               terms as literary works," but are not
               considered to be literary works
SANCTIONS:          Not available
AGREEMENTS:         Not applicable
COMMENTS:      Decision 351, the Andean Pact's first
               decision on copyrights, is designed to be a
               baseline level of protection; the Andean
               Pact's five members (Bolivia, Colombia,
               Ecuador, Peru, and Venezuela) may establish
               a higher level of protection through
               national law


                     ANTIGUA & BARBUDA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         GATT (1987)


                         ARGENTINA

LAW:           Copyright Law (1933), as amended and
               supplemented by special laws, including
               Presidential decree 165/94 (2/94)
TERM:               Life of the author + 30 years
SCOPE:         Computer programs are explicitly protected
               as literary works; data bases are also
               explicitly protected
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Brussels (1967); UCC--Geneva (1958);
                    Bilateral (1934); GATT (1967)
COMMENTS:      The Argentinean Congress is considering a
               law to extend copyright protection to life
               of the author + 50 years; registration is
               voluntary; computer programs are not
               patentable; on Special 301 Watch List
               (1989-1992); on Special 301 Priority Watch
               List (1993 and 1994); BSA estimates that
               the software publishing and distribution
               industries lost $111.5 million in 1993 due
               to application software piracy in Argentina
               (piracy rate: 74 percent)


                          BAHAMAS

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Brussels (1973); UCC--Paris (1976)


                          BARBADOS

LAW:           Copyright Act (1981)
TERM:               Life of author + 7 years
SCOPE:         Computer programs are not explicitly
               protected
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1983); UCC--Paris (1983);
                    GATT (1967)


                           BELIZE

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         UCC--Geneva (1982); GATT (1983)


                          BOLIVIA

LAW:           Copyright Law (1992)
TERM:               Life of author + 50 years
SCOPE:         Computer programs are protected as a
               separate category of work; there are no
               special provisions that refer to computer
               programs; there are no post-first sale
               rental rights
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1993); UCC--Paris (1990);
                    GATT (1990)
COMMENTS:      Bolivia's position on Andean Pact Decision
               351 is uncertain; BSA estimates that the
               software publishing and distribution
               industries lost $10.2 million in 1993 due
               to application software piracy in Bolivia
               (piracy rate: 96 percent)


                           BRAZIL

LAW:           Copyright Law (1973), as amended; Brazilian
               Software Act (1987); Provisional Measure
               No. 222 (1990)
TERM:               25 years from first commercialization
SCOPE:         Computer programs are not explicitly
               protected as literary works
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1922); UCC--Paris (1960);
                    Bilateral (1957); GATT (1948)
COMMENTS:      Brazil ended its 17-year market reserve on
               information technology in 10/92;
               registration of computer programs is
               required; new legislation (Bill No. 997),
               which would permit foreign companies to
               distribute software directly in Brazil and
               make registration voluntary, is pending;
               computer programs are patentable only if
               they are embedded in patentable products
               with "technical character;" on Special 301
               Priority Watch List (1989-1992); designated
               a Special 301 Priority Foreign Country
               (1993); not listed during 1994 Special 301
               review;  BSA estimates that the software
               publishing and distribution industries lost
               $330.6 million in 1993 due to application
               software piracy in Brazil (piracy rate: 83
               percent)


                           CANADA

LAW:           Copyright Amendment Act (1988)
TERM:               Life of author + 50 years
SCOPE:         Computer programs are explicitly protected
               as literary works; exclusive rights of
               reproduction and adaptation; distribution
               rights are not as extensive as in the
               United States
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Rome (1928); UCC--Geneva (1962);
                    Bilateral (1924); GATT (1948); NAFTA (1993,
                    effective 1/1/94)
COMMENTS:      Registration is not required; computer
               programs are patentable; on Special 301
               Watch List (1989-1992) primarily for
               reasons unrelated to software; BSA
               estimates that the software publishing and
               distribution industries lost $234.1 million
               in 1993 due to application software piracy
               in Canada (piracy rate: 59 percent)


                           CHILE

LAW:           Law No. 18,443 (1985), as amended (1992)
TERM:               Life of author + 30 years; 30 years from
                    publication for works made for hire
SCOPE:         Computer programs are explicitly protected
               as literary works
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1970); UCC--Geneva (1955);
                    Bilateral (1896); GATT (1949)
COMMENTS:      Registration with Chile's Office of the
               Curator for Copyrights is voluntary;
               computer programs are not patentable; on
               Special 301 Watch List (1989-1994); BSA
               estimates that the software publishing and
               distribution industries lost $45.3 million
               in 1993 due to application software piracy
               in Chile (piracy rate: 83 percent)


                          COLOMBIA

LAW:           Copyright Law No. 23 (1982), as expanded
               through Decree 1360 (1989) and Copyright
               Law No. 44/93 (1993)
TERM:               Life of author + 80 years; 30 years from
                    publication for legal entity authors
SCOPE:         Computer programs are explicitly protected
               as literary works
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1988); UCC--Paris (1976);
                    GATT (1981)
COMMENTS:      Current level of protection is stronger
               than that provided by Andean Pact Decision
               351; Colombia and the United States are
               currently negotiating a bilateral IPR
               agreement; registration with the National
               Registry of Author's Rights is voluntary;
               on Special 301 Watch List (1989-1994); BSA
               estimates that the software publishing and
               distribution industries lost $44.4 million
               in 1993 due to application software piracy
               in Colombia (piracy rate: 71 percent)


                         COSTA RICA

LAW:           Law of Authors Rights & Associated Rights--
               Law No. 6683 (1982)
TERM:               Life of author + 50 years
SCOPE:         Computer programs and databases are not
               explicitly protected
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1978); UCC--Paris (1955);
                    Bilateral (1899); GATT (1990)
COMMENTS:      New legislation that amends the copyright
               law to include computer programs is
               pending; computer programs are not
               patentable; fines are insufficient
               deterrents to piracy; piracy remains a
               concern


                          DOMINICA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         GATT (1993)


                     DOMINICAN REPUBLIC

LAW:           Copyright Act (1986)
TERM:               Life of author + 50 years
SCOPE:         Computer programs and databases are
               explicitly protected as literary works
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         UCC--Paris (1983); GATT (1950)
COMMENTS:      The lack of a strong regulatory environment
               and weak enforcement result in inadequate
               protection for computer software


                          ECUADOR

LAW:           Not available
TERM:               Not available
SCOPE:         Computer programs are not explicitly
               protected
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1991); UCC--Paris (1957);
                    Bilateral (1993)
COMMENTS:      Bill to improve copyright protection and
               enforcement has not yet received
               Congressional approval; Ecuador plans to
               implement the U.S.-Ecuador bilateral IPR
               agreement, which is modeled after NAFTA
               standards, into national law; Ecuador's
               position on Andean Pact Decision 351 is
               unclear; computer programs are not
               patentable; piracy is a concern, but there
               have been no court cases; on Special 301
               Watch List (1992 and 1993)


                        EL SALVADOR

LAW:           Copyright Law--Decree No. 604 (1993)
TERM:               Life of author + 50 years for "natural
                    person" authors
SCOPE:         Not available
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (2/94); UCC--Paris (1979);
                    Bilateral (1908); GATT (1991)
COMMENTS:      On Special 301 Watch List (1992-1994)


                          GRENADA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         GATT (3/94)


                         GUATEMALA

LAW:           Copyright Statute (1954)
TERM:               Not available
SCOPE:         Computer programs are not explicitly
               protected; protection for databases is
               unclear
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         UCC--Geneva (1964); GATT (1991)
COMMENTS:      The Guatemalan Government intends to
               prepare and submit to its legislature a
               "world class" copyright law by 6/94;
               computer programs are not patentable;
               criminal penalties are weak; on Special 301
               Watch List (1992-1994)


                           GUYANA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         GATT (1966)


                          HONDURAS

LAW:           Copyright Law (1993)
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Civil remedies
AGREEMENTS:         Berne--Paris (1990); GATT (4/94)


                          JAMAICA

LAW:           Bilateral Agreement (2/94)
TERM:               Life of author + 50 years
SCOPE:         Computer programs are explicitly protected
               as literary works; databases are protected
               as collections or compilations of works;
               exclusive rights of reproduction,
               distribution (including rental), and
               adaptation
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1/94); Bilateral (2/94); GATT
                    (1963)
COMMENTS:      Jamaica and the United States signed a
               comprehensive bilateral intellectual
               property protection agreement in 2/94 that
               is consistent with the Berne Convention


                           MEXICO

LAW:           Copyright Law, as amended (1991)
TERM:               Life of author + 50 years
SCOPE:         Computer programs and databases are
               explicitly protected as literary works;
               exclusive rights of reproductions,
               distribution, rental, and adaptation
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1967); UCC--Paris (1957);
                    Bilateral (1896); GATT (1986); NAFTA (1993,
                    effective 1/1/94)
COMMENTS:      NAFTA provides strong intellectual property
               rights protection; computer programs are
               not patentable; not listed in Special 301
               review since 1989; BSA estimates that the
               software publishing and distribution
               industries lost $155.6 million in 1993 due
               to application software piracy in Mexico
               (piracy rate: 80 percent)


                         NICARAGUA

LAW:           Civil Code (1904)
TERM:               Not available
SCOPE:         Computer programs are not explicitly
               protected
SANCTIONS:          Not available
AGREEMENTS:         UCC--Geneva (1961); GATT (1950)
COMMENTS:      Nicaragua's legislature is considering a
               draft copyright bill; registration is
               required; the Government of Nicaragua is
               also considering joining the Berne
               Convention


                           PANAMA

LAW:           Administrative Code (1916)
TERM:               Not available
SCOPE:         Computer programs and databases are not
               explicitly protected; there are no post-
               first sale rental rights
SANCTIONS:          Not available
AGREEMENTS:         UCC--Paris (1962)
COMMENTS:      New legislation (Draft Law No. 41) is
               pending; registration is required; computer
               programs are not patentable; BSA estimates
               that the software publishing and
               distribution industries lost $2.0 million
               in 1993 due to application software piracy
               in Panama (piracy rate: 80 percent)


                          PARAGUAY

LAW:           Copyright Law (1951); amendments to the
               Civil Code (1985)
TERM:               Not available
SCOPE:         Computer programs and databases are not
               protected in either the Copyright Law or
               the Civil Code
SANCTIONS:          Civil remedies
AGREEMENTS:         Berne--Paris (1992); UCC--Geneva (1962);
                    GATT (1/94)
COMMENTS:      New legislation, that includes criminal
               remedies, is being drafted; enforcement is
               weak; on Special 301 Watch List (1992);
               BSA estimates that the software publishing
               and distribution industries lost $11.6
               million in 1993 due to application software
               piracy in Paraguay (piracy rate: 94
               percent)


                            PERU

LAW:           Copyright Act (1961), as amended (1987)
TERM:               Life of author + 50 years
SCOPE:         Computer programs are not explicitly
               protected as literary works; there are no
               rental rights for software
SANCTIONS:          There are few legal recourses
AGREEMENTS:         Berne--Paris (1988); UCC--Paris (1963);
                    GATT (1951)
COMMENTS:      Peru's position on Andean Pact Decision 351
               is unclear; registration is voluntary;
               piracy is a concern; on Special 301 Watch
               List (1992-1994); BSA estimates that the
               software publishing and distribution
               industries lost $25.0 million in 1993 due
               to application software piracy in Peru
               (piracy rate: 98 percent)


                     ST. KITTS & NEVIS

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         GATT (3/94)


                         ST. LUCIA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1993); GATT (1993)


                ST. VINCENT & THE GRENADINES

LAW:           Not available
TERM:               Not available
SCOPE:         Computer programs are protected as a
               separate category of work
SANCTIONS:          Not available
AGREEMENTS:         UCC--Paris (1985); GATT (1993)


                          SURINAME

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1977); GATT (1978)


                     TRINIDAD & TOBAGO

LAW:           Copyright Act (1985)
TERM:               Life of author + 50 years
SCOPE:         Computer programs are explicitly protected
               as literary works
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1988); UCC--Paris (1988);
                    GATT (1962)
COMMENTS:      No special limits apply to the protection
               of computer software


                       UNITED STATES

LAW:           Computer Software Copyright Act (1980)
TERM:               Life of author + 50 years; 75 years from
                    publication for works made for hire
SCOPE:         Computer programs (source and object code)
               and original databases are explicitly
               protected as literary works; exclusive
               rights of reproduction, distribution
               (including lease and rental), and
               adaptation; protection for "look and fee"
               is being discussed in the courts
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1989); UCC--Paris (1955);
                    GATT (1948); NAFTA (1993, effective 1/1/94)
COMMENTS:      U.S. firms must register copyrights in
               order to prosecute infringement; foreign
               firms do not need to register; computer
               program-related inventions are patentable
               in some cases; BSA estimates that the
               software publishing and distribution
               industries lost $2.3 billion in 1993 due to
               application software piracy in the United
               States (piracy rate: 35 percent)


                          URUGUAY

LAW:           Copyright Act (1937); Presidential Decree
               154/1989 (1989)
TERM:               Not available
SCOPE:         Decree states that computer programs are
               copyrightable
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1967); GATT (1953)
COMMENTS:      A draft copyright law was submitted to
               Congress in 1992; Uruguay submitted
               instruments of deposit to the Universal
               Copyright Convention (Geneva) in 1/93;
               these documents have not yet taken effect;
               computer programs are not patentable; BSA
               estimates that the software publishing and
               distribution industries lost $16.2 million
               in 1993 due to application software piracy
               in Uruguay (piracy rate: 90 percent)


                         VENEZUELA

LAW:           Copyright Law (1962), as amended by the
               Partial Reform to Author's Right Law--Law
               No. 4,638 (1993)
TERM:               Life of author + 60 years
SCOPE:         Computer programs are explicitly protected
               as literary works and databases as
               compilations
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1982); UCC--Geneva (1966);
                    GATT (1990)
COMMENTS:      Venezuela and the United States are
               negotiating a bilateral IPR agreement;
               enforcement is weak; on Special 301 Watch
               List (1989-1994); BSA estimates that the
               software publishing and distribution
               industries lost $69.5 million in 1993 due
               to application software piracy in Venezuela
               (piracy rate: 72 percent)




Subject: Copyright Protection for Computer Software:  Western Europe

                COPYRIGHT PROTECTION FOR SOFTWARE
                         WESTERN EUROPE


The following are brief summaries of the copyright protection for
computer software in 24 countries in Western Europe and two
multilateral agreements (the General Agreement on Tariffs and Trade
(GATT) and the European Union Software Directive.

Countries included in this report are listed below:
     Andorra, Austria, Belgium, Cyprus, Denmark, Finland, France,
     Germany, Greece, Iceland, Ireland, Italy, Liechtenstein,
     Luxembourg, Malta, Monaco, Netherlands, Norway, Portugal,
     Spain, Sweden, Switzerland, Turkey, United Kingdom

Each entry contains, when possible, the name and date of relevant
law(s) and amendments, the term and scope of protection, available
sanctions, and the multilateral intellectual property rights (IPR)
conventions to which the country belongs.  Other relevant
information is also provided, when possible.

BECAUSE THESE ARE ONLY BRIEF SUMMARIES AND LAWS ARE SUBJECT TO
CHANGE, RECIPIENTS ARE STRONGLY ENCOURAGED TO CONFIRM THE
INFORMATION IN THIS DOCUMENT AND TO OBTAIN MORE INFORMATION FROM
QUALIFIED LEGAL COUNSEL.

Agreements.  Abbreviations for the multilateral IPR
agreements/organizations mentioned in this document are listed
below:
     Berne          Berne Convention for the Protection of Literary
                    Works
     UCC       Universal Copyright Convention
     Bilateral Bilateral Copyright Treaty with the United States
     GATT      General Agreement on Tariffs and Trade.
For the Berne and UCC Conventions, this document lists the version
to which the country adheres and the year in which the country first
became party to the convention.  The date listed for bilateral
copyright agreements is the date of the first such agreement.  For
the GATT, the date listed is the year in which the country acceded
to the agreement.

Software Piracy Estimates.  The estimates of software piracy quoted
in this report were provided by the Business Software Alliance
(BSA), a Washington, DC-based trade association devoted to combating
software piracy worldwide.  For more information on piracy, call
BSA's anti-piracy hotline at (800) 688-BSA1 or write BSA at 2001 L
Street NW, Washington, DC  20036.

Special 301 Reviews.  Each year, the United States Trade
Representative (USTR) conducts reviews of the IPR and IPR-related
market access practices of U.S. trading partners.  Designed to
strengthen the Administration's ability to negotiate improvements in
foreign IPR regimes, these reviews are authorized by the 1974 Trade
Act, as amended by the Special 301 provisions of the 1988 Omnibus
Trade and Competitiveness Act.  Under these provisions, the
Administration must identify "foreign countries that deny adequate
and effective protection of intellectual property rights, or deny
fair and equitable market access to United States persons that rely
upon intellectual property protection."  As a result of these
reviews, countries may be designated "priority foreign countries" or
be placed on the USTR's "priority watch" or "watch" lists.

Priority foreign countries have the most onerous or egregious
practices that have the greatest adverse impact (actual or
potential) on U.S. products, and are not making significant progress
in bilateral or multilateral IPR negotiations.  The priority watch
and watch lists identify countries that have serious IPR
deficiencies but do not meet all of the statutory criteria for
designation as priority foreign countries.


           GENERAL AGREEMENT ON TARIFFS & TRADE (GATT)

LAW:           Trade-Related Aspects of Intellectual Property
               Rights (TRIPS) Agreement (4/94)
TERM:               Life of author + 50 years; 50 years from
                    publication if term not measured from a life
SCOPE:         Computer programs (both source and object code)
               are protected as literary works; databases are
               protected as compilations
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Not applicable
COMMENTS:      GATT members will implement the TRIPS provisions
               at different times;  all countries will have one
               year to implement the TRIPS provisions;
               developing countries will have an additional four
               years


             EUROPEAN UNION (EU) SOFTWARE DIRECTIVE

LAW:           Directive on Legal Protection of Computer
               Programs (1991)
TERM:               Life of author + 50 years
SCOPE:         Computer programs are explicitly protected as
               literary works; exclusive rights of reproduction,
               distribution (including rental), and adaptation;
               decompilation is permitted only to determine
               interoperability
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Not applicable
COMMENTS:      The Directive applies to works created after
               1/93; although the 12 EU members were to have
               implemented the Directive into national law
               before 1/1/93, not all have done so yet


                             ANDORRA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         UCC--Geneva (1955)


                             AUSTRIA

LAW:           Copyright Act, as amended (1993)
TERM:               Life of author + 50 years
SCOPE:         Austria amended its copyright law to conform with
               the EU Software Directive in 1993
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1920); UCC--Paris (1957); Bilateral
                    (1907); GATT (1951)
COMMENTS:      BSA estimates that the software publishing and
               distribution industries lost $48.4 million in
               1993 due to application software piracy in
               Austria (piracy rate: 42 percent)


                             BELGIUM

LAW:           Copyright Act (1986)
TERM:               Life of author + 50 years
SCOPE:         Computer programs are not explicitly protected;
               only a few court decisions have ruled that
               software is copyrightable
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Brussels (1887); UCC--Geneva (1960);
                    Bilateral (1891); GATT (1948)
COMMENTS:      Legislation to enact the EU Software Directive,
               published in 1992, has not yet been implemented;
               BSA estimates that the software publishing and
               distribution industries lost $79.2 million in
               1993 due to application software piracy in
               Belgium (piracy rate: 68 percent)

                             CYPRUS

LAW:           Copyright Law, as amended (1993, effective
               1/1/94)
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1964); UCC--Paris (1990); GATT
                    (1963)
COMMENTS:      On Special 301 Watch List (1991-1994); BSA
               estimates that the software publishing and
               distribution industries lost $3.6 million in 1993
               due to application software piracy in Cyprus
               (piracy rate: 91 percent)


                             DENMARK

LAW:           Copyright in Literary and Artistic Works (1961),
               as amended (1989 and 1992)
TERM:               Life of author + 50 years
SCOPE:         Denmark has implemented the EU Software Directive
               into national law
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1903); UCC--Paris (1962); Bilateral
                    (1893); GATT (1950)
COMMENTS:      BSA estimates that the software publishing and
               distribution industries lost $69.6 million in
               1993 due to application software piracy in
               Denmark (piracy rate: 60 percent)


                             FINLAND

LAW:           Law on Literary and Artistic Works (1961), as
               amended (1971 and 1991)
TERM:               Life of author + 50 years; 50 years from
                    publication for anonymous works
SCOPE:         Computer programs are explicitly protected as
               literary works; exclusive rights include rental
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1928); UCC--Paris (1963); Bilateral
                    (1929); GATT (1950)
COMMENTS:      BSA estimates that the software publishing and
               distribution industries lost $43.0 million in
               1993 due to application software piracy in
               Finland (piracy rate: 67 percent)


                             FRANCE

LAW:           Law of Literary and Artistic Property (1957), as
               amended (1985)
TERM:               25 years from date of creation
SCOPE:         Computer programs (source and object code) are
               explicitly protected; exclusive rights of
               reproduction, distribution, and adaptation
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1887); UCC--Paris (1956), Bilateral
                    (1891); GATT (1948)
COMMENTS:      In 1992, France published a draft amendment to
               its copyright law to enact the EU Software
               Directive; this amendment has not yet been
               implemented; inventions that incorporate computer
               programs may be patented; registration is not
               required;  BSA estimates that the software
               publishing and distribution industries lost
               $833.1 million in 1993 due to application
               software piracy in France (piracy rate: 66
               percent)


                             GERMANY

LAW:           Act Dealing with Copyright and Related Rights
               (1965), as amended (1985)
TERM:               Life of author + 50 years
SCOPE:         Germany has implemented the EU Software Directive
               into national law
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1887); UCC--Paris (1955); Bilateral
                    (1892); GATT (1951)
COMMENTS:      Computer programs are patentable; on Special 301
               Watch List (1991 and 1992); BSA estimates that
               the software publishing and distribution
               industries lost $1.6 billion in 1993 due to
               application software piracy in Germany (piracy
               rate: 57 percent)


                             GREECE

LAW:           Copyright Law (1993)
TERM:               Life of author + 50 years
SCOPE:         Greece has implemented the EU Software Directive
               into national law
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1920); UCC--Geneva (1963);
                    Bilateral (1932); GATT (1950)
COMMENTS:      On Special 301 Watch List (1989-1994); BSA
               estimates that the software publishing and
               distribution industries lost $81.1 million in
               1993 due to application software piracy in Greece
               (piracy rate: 75 percent)


                             ICELAND

LAW:           Copyright Law #73 (1972); Copyright Law #57
               (1992)
TERM:               Life of author + 50 years; 50 years if author is
                    unknown
SCOPE:         Computer programs are explicitly protected as
               literary works
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Rome (1947); UCC--Geneva (1956); GATT
                    (1968)
COMMENTS:      Enforcement is weak; piracy is a concern


                             IRELAND

LAW:           Copyright Act (1963), as amended (1993)
TERM:               Life of author + 50 years
SCOPE:         Ireland has implemented the EU Software Directive
               into national law
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Brussels (1927); UCC--Geneva (1959);
                    Bilateral (1929); GATT (1967)
COMMENTS:      BSA estimates that the software publishing and
               distribution industries lost $45.0 million in
               1993 due to application software piracy in
               Ireland (piracy rate: 83 percent)


                              ITALY

LAW:           Copyright Act (1941), as amended (1992)
TERM:               Life of author + 50 years
SCOPE:         Italy has implemented the EU Software Directive
               into national law
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1887); UCC--Paris (1957); Bilateral
                    (1892); GATT (1950)
COMMENTS:      Recent efforts have reduced piracy considerably;
               on Special 301 Watch List (1989-1994); BSA
               estimates that the software publishing and
               distribution industries lost $324.2 million in
               1993 due to application software piracy in Italy
               (piracy rate: 50 percent)


                          LIECHTENSTEIN

LAW:           Not available
TERM:               Not available
SCOPE:         Computer programs are not explicitly protected
               but are treated in theory and in practice as
               literary works
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Brussels (1931); UCC--Geneva (1959)
COMMENTS:      A new copyright law, which will likely
               incorporate the European Union Software
               Directive, is being prepared


                           LUXEMBOURG

LAW:           Copyright Act (1972)
TERM:               Life of author + 50 years
SCOPE:         Computer programs are not explicitly protected;
               there have been no court cases in this area
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1888); UCC--Geneva (1955);
                    Bilateral (1910); GATT (1948)
COMMENTS:      As of 5/94, Luxembourg has not implemented the EU
               Software Directive into national law


                              MALTA

LAW:           Copyright Law, as amended (1993)
TERM:               Not available
SCOPE:         Computer programs are explicitly protected
SANCTIONS:          Not available
AGREEMENTS:         Berne--Rome (1964); UCC--Geneva (1968); GATT
                    (1964)


                             MONACO

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1889); UCC--Paris (1955); Bilateral
                    (1952)



                           NETHERLANDS

LAW:           Copyright Act (1912), as amended (1989)
TERM:               Life of author + 50 years
SCOPE:         Computer programs are not explicitly protected,
               but court rulings have held that original
               computer programs are copyrightable
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1912); UCC--Paris (1967); Bilateral
                    (1899); GATT (1948)
COMMENTS:      The Dutch Parliament is considering legislation
               to implement the EU Software Directive;
               registration is not required; BSA estimates that
               the software publishing and distribution
               industries lost $215.9 million in 1993 due to
               application software piracy in the Netherlands
               (piracy rate: 78 percent)


                             NORWAY

LAW:           Copyright Act, as amended (1990 and 1992)
TERM:               Life of author + 50 years
SCOPE:         Computer programs are explicitly protected as
               literary works; exclusive rights include rental;
               courts have applied copyright protection to the
               "look and feel" of screens and displays of
               certain programs
SANCTIONS:          Not available
AGREEMENTS:         Berne--Brussels (1896); UCC--Paris (1963);
                    Bilateral (1905); GATT (1948)
COMMENTS:      Norway incorporated the EU Software Directive
               into national law in 1992; this will take effect
               when Norway enters the Europe Economic Area
               Treaty, possibly by 1995; BSA estimates that the
               software publishing and distribution industries
               lost $59.1 million in 1993 due to application
               software piracy in Norway (piracy rate: 67
               percent)


                            PORTUGAL

LAW:           Copyright Act (1989), as amended (1991)
TERM:               50 years after creation of work
SCOPE:         The revised copyright law is believed to protect
               computer programs as literary works
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1911); UCC--Paris (1956); Bilateral
                    (1893); GATT (1962)
COMMENTS:      Registration is not required, but failure to
               register may hinder prosecution of infringement;
               as of 5/94, Portugal has not implemented the EU
               Software Directive into national law; not listed
               in Special 301 review since 1989; BSA estimates
               that the software publishing and distribution
               industries lost $46.9 million in 1993 due to
               application software piracy in Portugal (piracy
               rate: 77 percent)


                              SPAIN

LAW:           Copyright Act (1987)
TERM:               Life of author + 50 years
SCOPE:         Spain has implemented the EU Software Directive
               into national law
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1887); UCC--Paris (1955); Bilateral
                    (1895); GATT (1963)
COMMENTS:      Registration is voluntary; on Special 301 Watch
               List (1989-1994); BSA estimates that the software
               publishing and distribution industries lost
               $332.5 million in 1993 due to application
               software piracy in Spain (piracy rate: 88
               percent)


                             SWEDEN

LAW:           Copyright Law (1960), as amended (1989 and 1992)
TERM:               Life of author + 50 years
SCOPE:         Sweden has incorporated the EU Software Directive
               into national law
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1904); UCC--Paris (1961); Bilateral
                    (1911); GATT (1950)
COMMENTS:      Computer programs are patentable; registration is
               not required; BSA estimates that the software
               publishing and distribution industries lost
               $102.0 million in 1993 due to application
               software piracy in Sweden (piracy rate: 54
               percent)


                           SWITZERLAND

LAW:           Copyright Law (1922), as amended (1992)
TERM:               Life of author + 50 years
SCOPE:         Switzerland has incorporated the EU Software
               Directive into national law
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1887); UCC--Geneva (1956);
                    Bilateral (1891); GATT (1966)
COMMENTS:      BSA estimates that the software publishing and
               distribution industries lost $68.5 million in
               1993 due to application software piracy in
               Switzerland (piracy rate: 44 percent)


                             TURKEY

LAW:           Copyright Law (1951)
TERM:               Not available
SCOPE:         Computer programs are not explicitly protected
SANCTIONS:          Not available
AGREEMENTS:         Berne--Brussels (1952); GATT (1951)
COMMENTS:      New legislation which will implement the EU
               Software Directive and include protection for
               computer programs is being drafted; computer
               programs are not patentable; on Special 301 Watch
               List (1989-1991); on Special 301 Priority Watch
               List (1992-1994); BSA estimates that the software
               publishing and distribution industries lost
               $140.2 million in 1993 due to application
               software piracy in Turkey (piracy rate: 86
               percent)


                         UNITED KINGDOM

LAW:           Copyright Designs and Patent Act (1988), as
               amended (1992)
TERM:               Life of author + 50 years
SCOPE:         The United Kingdom has implemented the EU
               Software Directive into national law
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1887); UCC--Paris (1957); Bilateral
                    (1891); GATT (1948)
COMMENTS:      Certain aspects of computer programs are
               patentable; registration is not required; BSA
               estimates that the software publishing and
               distribution industries lost $492.1 million in
               1993 due to application software piracy in the
               United Kingdom (piracy rate: 49 percent)



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Date: Tue, 1 Nov 1994 15:28:43 -0500
From: s674448@aix2.uottawa.ca (David Boraschi)
Message-Id: <9411012028.AA29033@aix2.uottawa.ca>
To: 674448@acadvm1.uottawa.ca
Subject: Copyright Protection for Computer Software:  Newly Independent States

         COPYRIGHT PROTECTION FOR COMPUTER SOFTWARE
                  NEWLY INDEPENDENT STATES


The following are brief summaries of the copyright protection
for computer software in 11 countries.

The countries included in this report are listed below:
     Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan,
     Moldova, Russia, Tajikstan, Turkmenistan, Ukraine,
     Uzbekistan

Each entry contains, when possible, the name and date of
relevant law(s) and amendments, the term and scope of
protection, available sanctions, and the multilateral
intellectual property rights (IPR) conventions to which the
country belongs.  Other relevant information is also provided,
when possible.

BECAUSE THESE ARE ONLY BRIEF SUMMARIES AND LAWS ARE SUBJECT TO
CHANGE, RECIPIENTS ARE STRONGLY ENCOURAGE TO CONFIRM THE
INFORMATION IN THIS DOCUMENT AND TO OBTAIN MORE INFORMATION
FROM QUALIFIED LEGAL COUNSEL.

Agreements.  Abbreviations for the multilateral IPR
agreements/organizations mentioned in this document are listed
below:
     Berne          Berne Convention for the Protection of
                    Literary Works
     UCC       Universal Copyright Convention
     Bilateral Bilateral Copyright Treaty with the United
               States
For the Berne and UCC Conventions, this document lists the
version to which the country adheres and the year in which the
country first became party to the convention.  The date listed
for bilateral copyright agreements is the date of the first
such agreement.

Software Piracy Estimates.  The estimates of software piracy
quoted in this report were provided by the Business Software
Alliance (BSA), a Washington, DC-based trade association
devoted to combating software piracy worldwide.  For more
information on piracy, call BSA's anti-piracy hotline at (800)
688-BSA1 or write BSA at 2001 L Street NW, Washington, DC
20036.


                          ARMENIA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Bilateral Trade Agreement (1992)


                          BELARUS

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Bilateral Trade Agreement (1993)


                          GEORGIA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Bilateral Trade Agreement (1993)


                         KAZAKHSTAN

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         UCC--Geneva (1973); Bilateral Trade
                    Agreement (1993)


                         KYRGYZSTAN

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Bilateral Trade Agreement (1992)


                          MOLDOVA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Bilateral Trade Agreement (1992)


                           RUSSIA

LAW:           Copyright and Neighboring Rights Law (1993)
TERM:               Life of author + 50 years
SCOPE:         Computer programs and databases are
               protected as literary works; exclusive
               rental right and a right to control
               importation; decompilation provisions are
               the same as in the European Union Software
               Directive
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         UCC--Geneva (1973); Bilateral Trade
                    Agreement (1992)
COMMENTS:      Preexisting works and new neighboring
               rights are protected back to 1943 and
               Chapter IV of the Fundamentals Civil Law
               (1991) is repealed by a Supreme Soviet
               Resolution; the Law of Computer Program and
               Database Protection remains in effect;
               Russia is expected to join the Berne
               Convention; computer programs are not
               patentable; BSA estimates that the software
               publishing and distribution industries lost
               $75.5 million in 1993 due to application
               software piracy in Russia (piracy rate: 98
               percent)


                         TAJIKSTAN

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         UCC--Geneva (1973); Bilateral Trade
                    Agreement (1993)


                        TURKMENISTAN

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Bilateral Trade Agreement (1993)


                          UKRAINE

LAW:           Law of Copyright and Neighboring Rights
               (1993)
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Bilateral Trade Agreement (1992)
COMMENTS:      A draft law which would protect computer
               programs as a separate category of
               copyrighted work is being considered


                         UZBEKISTAN

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Bilateral Trade Agreement (1/94)



======================================================================== Subject: Copyright Protection for Computer Software:  Near East

         COPYRIGHT PROTECTION FOR COMPUTER SOFTWARE
                         NEAR EAST


The following are brief summaries of the copyright protection
for computer software in 14 countries and the General
Agreement on Tariffs and Trade (GATT).

Countries included in this report are listed below:
     Algeria, Bahrain, Egypt, Israel, Jordan, Kuwait,
     Lebanon, Libya, Morocco, Oman, Qatar, Saudi Arabia,
     Tunisia, United Arab Emirates

Each entry contains, when possible, the name and date of
relevant law(s) and amendments, the term and scope of
protection, available sanctions, and the multilateral
intellectual property rights (IPR) conventions to which the
country belongs.  Other relevant information is also provided,
when possible.

BECAUSE THESE ARE ONLY BRIEF SUMMARIES AND LAWS ARE SUBJECT TO
CHANGE, RECIPIENTS ARE STRONGLY ENCOURAGED TO CONFIRM THE
INFORMATION IN THIS DOCUMENT AND TO OBTAIN MORE INFORMATION
FROM QUALIFIED LEGAL COUNSEL.

Agreements.  Abbreviations for the multilateral IPR
agreements/organizations mentioned in this document are listed
below:
     Berne          Berne Convention for the Protection of
                    Literary Works
     UCC       Universal Copyright Convention
     Bilateral Bilateral Copyright Treaty with the United
               States
     GATT      General Agreement on Tariffs and Trade
For the Berne and UCC Conventions, this document lists the
version to which the country adheres and the year in which the
country first became party to the convention.  The date listed
for bilateral copyright agreements is the date of the first
such agreement.  For the GATT, the date listed is the year in
which the country acceded to the agreement.

Software Piracy Estimates.  The estimates of software piracy
quoted in this report were provided by the Business Software
Alliance (BSA), a Washington, DC-based trade association
devoted to combating software piracy worldwide.  For more
information on piracy, call BSA's anti-piracy hotline at (800)
688-BSA1 or write BSA at 2001 L Street NW, Washington, DC
20036.

Special 301 Reviews.  Each year, the United States Trade
Representative (USTR) conducts reviews of the IPR and IPR-
related market access practices of U.S. trading partners.
Designed to strengthen the Administration's ability to
negotiate improvements in foreign IPR regimes, these reviews
are authorized by the 1974 Trade Act, as amended by the
Special 301 provisions of the 1988 Omnibus Trade and
Competitiveness Act.  Under these provisions, the
Administration must identify "foreign countries that deny
adequate and effective protection of intellectual property
rights, or deny fair and equitable market access to United
States persons that rely upon intellectual property
protection."  As a result of these reviews, countries may be
designated "priority foreign countries" or be placed on the
USTR's "priority watch" or "watch" lists.

Priority foreign countries have the most onerous or egregious
practices that have the greatest adverse impact (actual or
potential) on U.S. products, and are not making significant
progress in bilateral or multilateral IPR negotiations.  The
priority watch and watch lists identify countries that have
serious IPR deficiencies but do not meet all of the statutory
criteria for designation as priority foreign countries.


        GENERAL AGREEMENT ON TARIFFS & TRADE (GATT)

LAW:           Trade-Related Aspects of Intellectual
               Property Rights (TRIPS) Agreement (4/94)
TERM:               Life of author + 50 years; 50 years from
                    publication if term not measured from a
                    life
SCOPE:         Computer programs (both source and object
               code) are protected as literary works;
               databases are protected as compilations
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Not applicable
COMMENTS:      GATT members will implement the TRIPS
               provisions at different times;  all
               countries will have one year to implement
               the TRIPS provisions; developing countries
               will have an additional four years


                          ALGERIA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         UCC--Paris (1973)


                          BAHRAIN

LAW:           Copyright Law (1993)
TERM:               Not mentioned in law
SCOPE:         U.S. works are not protected
SANCTIONS:          None
AGREEMENTS:         GATT (1993)
COMMENTS:      The current copyright law does not conform
               with international standards


                           EGYPT

LAW:           Law No. 354 (1954), as amended (1992);
               Decree No. 82/1993 (approved 3/94)
TERM:               Life of the author + 50 years
SCOPE:         Computer programs are explicitly protected
               as literary works
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Paris (1977); GATT (1970)
COMMENTS:      Programs must be deposited with the
               Ministry of Culture, but failure to deposit
               should not "prejudice the author's
               copyrights;" piracy is a concern; on
               Special 301 Priority Watch List (1992 and
               1993); on Special 301 Watch List (1989-
               1991, and 1994); BSA estimates that the
               software publishing and distribution
               industries lost $84.2 million in 1993 due
               to application software piracy in Egypt
               (piracy rate: 93 percent)


                           ISRAEL

LAW:           Copyright Ordnance (1924), as amended
               (1988)
TERM:               Life of author + 70 years
SCOPE:         Computer programs are explicitly protected
               as literary works; exclusive rights of
               reproduction, distribution, and adaptation;
               distribution rights do not extend to
               secondary uses
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         Berne--Brussels (1950); UCC--Geneva (1955);
                    Bilateral (1948); GATT (1962)
COMMENTS:      Registration is not required; computer
               programs are not patentable; BSA estimates
               that the software publishing and
               distribution industries lost $52.1 million
               in 1993 due to application software piracy
               in Israel (piracy rate: 81 percent)


                           JORDAN

LAW:           Copyright Law (1992)
TERM:               Life of author + 15 years
SCOPE:         Computer programs are protected
SANCTIONS:          Not available
AGREEMENTS:         Unclear
COMMENTS:      Protection for foreign works is unclear


                           KUWAIT

LAW:           None
TERM:               None
SCOPE:         Computer programs are not protected
SANCTIONS:          None
AGREEMENTS:         GATT (1963)
COMMENTS:      A draft copyright law that conforms to
               international standards is being finalized;
               computer programs are not patentable;
               purchase of illegal software is
               commonplace; BSA estimates that the
               software publishing and distribution
               industries lost $25.5 million in 1993 due
               to application software piracy in Kuwait
               (piracy rate: 98 percent)


                          LEBANON

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Rome (1947); UCC--Geneva (1959)


                           LIBYA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1976)
COMMENTS:      The United States has a total trade embargo
               with Libya


                          MOROCCO

LAW:           Not available
TERM:               Not available
SCOPE:         Computer programs are explicitly protected
               as literary works
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1917); UCC--Paris (1972);
                    GATT (1987)


                            OMAN

LAW:           None
TERM:               None
SCOPE:         U.S. works are not protected
SANCTIONS:          Not available
AGREEMENTS:         None
COMMENTS:      A draft copyright law is being prepared;
               computer programs are not patentable;
               copyright infringement is widespread


                           QATAR

LAW:           None
TERM:               None
SCOPE:         U.S. works are not protected
SANCTIONS:          Not available
AGREEMENTS:         None
COMMENTS:      Copyright infringement is widespread


                        SAUDI ARABIA

LAW:           Law for Protection of Copyright--Royal
               Decree M-11 (1989); Deposit Law--Royal
               Decree No. M-26 (1992)
TERM:               25 years
SCOPE:         Foreign computer programs and databases
               first published outside Saudi Arabia by
               non-Saudi authors are not explicitly
               protected; Saudi computer programs are
               currently protected as a separate category
               of works, not as literary works
SANCTIONS:          Civil and criminal remedies
AGREEMENTS:         None
COMMENTS:      Implementing legislation has not yet been
               approved; Saudi Arabia has announced its
               intention to join the Berne Convention;
               registration is required; computer programs
               are not patentable; current monetary
               penalties are insufficient deterrents; on
               Special 301 Watch List (1990-1992); on
               Special 301 Priority Watch List (1989,
               1993, and 1994);  BSA estimates that the
               software publishing and distribution
               industries lost $82.3 million in 1993 due
               to application software piracy in Saudi
               Arabia (piracy rate: 90 percent)


                          TUNISIA

LAW:           Not available
TERM:               Not available
SCOPE:         Not available
SANCTIONS:          Not available
AGREEMENTS:         Berne--Paris (1887); UCC--Paris (1969);
                    GATT (1990)


                    UNITED ARAB EMIRATES

LAW:           Copyright Law (1992)
TERM:               Unclear
SCOPE:         Protection for computer programs and
               foreign works is unclear
SANCTIONS:          Criminal remedies; civil remedies are not
                    addressed
AGREEMENTS:         GATT (3/94)
COMMENTS:      Implementing regulations have not taken
               effect; computer programs are not
               patentable; on Special 301 Watch List
               (1991-1994); BSA estimates that the
               software publishing and distribution
               industries lost $54.5 million in 1993 due
               to application software piracy in the
               United Arab Emirates (piracy rate: 99
               percent)



