4.2.2016
EN
Official Journal of the European Union
L 29/35
Article 74
Exceptions and limitations
1.
In accordance with the conventions and international agreements to which they are parties, each Party may
provide for limitations or exceptions to the rights set out in Articles 66 to 70 only in certain special cases which do not
conflict with a normal exploitation of the works or other subject matter and do not unreasonably prejudice the
legitimate interests of the right holders.
2.
Each Party shall provide that temporary acts of reproduction referred to in Articles 66 to 70, which are transient
or incidental, which are an integral and essential part of a technological process, and the sole purpose of which is to
enable:
(a) a transmission in a network between third parties by an intermediary, or
(b) a lawful use
of a work or other subject matter to be made, and which have no independent economic significance, shall be exempted
from the reproduction right provided for in Articles 66 to 69.
Article 75
Resale right
Each Party shall provide, for the benefit of the author of an original work of art who is a national of the other Party and
for the benefit of his successor in title, a resale right, to be defined as an inalienable right which cannot be waived, even
in advance, to receive a royalty based on the sale price obtained for the resale of the work subsequent to the first
transfer of the work by the author. The thresholds and the rates of the collection of the royalties shall be established
according to the domestic law of the Party where the resale takes place (1).
Article 76
Cooperation on collective management of rights
The Parties shall take such reasonable measures as may be available to them to facilitate the establishment of
arrangements between their respective collective management societies for the purpose of ensuring easier mutual access
and delivery of works and other protected subject matter between the territories of the Parties, as well as the transfer of
royalties between them for the use of such works or other protected subject matter. The Parties shall also take such
reasonable measures as may be available to them to achieve a high level of rationalisation and transparency with regard
to the execution of the tasks of their respective collective management societies.
TRADEMARKS
Article 77
International agreements
Each Party shall:
(a) comply with the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks and
with the WIPO Trademark Law Treaty; and
(b) make all reasonable efforts to accede to the Singapore Treaty on the Law of Trademarks.
(1) A Party may in accordance with domestic law limit the resale right to acts of resale involving dealers in works of art.
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