Notes on Article 14
147. Ad paragraph (1):
Subparagraph (1)(a) is similar to the corresponding provisions in previous versions of the draft Treaty. Since the Treaty would permit, under Article 4, any Contracting Party to choose the legal form of protection that it desired and, consequently, would not require (although it would permit) an industrial property or copyright form of protection, there is no reason to contemplate that only those countries that are party to the Paris Convention or the Berne Convention should be able to become parties to the Treaty. Consequently, subparagraph (1)(a) allows, for all practical purposes, any country to adhere.
148. Subparagraph (1)(b) would allow any Intergovernmental Organization having its own legislation providing for intellectual property protection in respect of layout-designs and applicable in the territory of all its member States to become party to the Treaty. The only such Intergovernmental Organization that, at the date of this document, has such legislation and that has expessed interest in becoming party to the Treaty is the European Communities.
149. The possibility of the European Communities becoming party to the Treaty was discussed at length, inter alia, during the fourth session of the Committee of Experts, following proposals made by the Delegation of Greece, in the name of the member States of the European Communities (see document IPIC/CE/IV/4). On that occasion, many delegations expressed their support in principle for the proposal that the European Communities should be able to become party to the Treaty, while, at the same time, raising certain questions concerning the matter on which it sought clarification from the Commission of the European Communities.
150. Ad paragraph (2): This paragraph sets out the modes of becoming party to the Treaty. In addition to becoming a party by signature followed by the deposit of an instrument of ratification, or by the deposit of an instrument of accession, paragraph (2) specifies signature followed by the deposit of an instrument of "accession, approval or formal confirmation" as a mode of becoming party to the Treaty. This last mode is intended to cover an Intergovernmental Organization.
151. During the fourth session of the Committee of Experts a number of delegations suggested that, in respect of the division of competence between the European Communities and its member States with respect to the subject-matter of the Treaty, a procedure similar to that used in connection with the Treaty on the Law of the Sea could be used, namely, a binding declaration on the part of the European Communities and its member States as to the division of competence to be deposited at the time of becoming party to the Treaty. This suggestion has not been followed in the text of the draft
Treaty.
152. Ad paragraph (3): It is usual, for treaties negotiated under the aegis of WIPO to entrust the depositary functions to the Director General of WIPO.