reproduction or impair the quality of copies made (the latter device or facility is hereinafter
referred to as a “device or facility for protection against copying or for regulating copying”);
(ii) making, or importing, for sale or rental, of a device or facility such as to permit or
facilitate the reception of an encoded program broadcast or communicated in any other
manner to the public, by persons not entitled to receive it.
(2) For the implementation of Articles 62 to 64, a device or facility specifically
designed or adopted to render inoperative any device or facility for protection against copying
or for regulating copying as referred to in paragraph (1) shall be assimilated to infringing
copies of works.
(3) The author of a work or any other holder of copyright in a work shall be entitled to
damages as provided for in Article 62(1) in the same way as when his rights have been
infringed, in cases where
(i) although copies of a work have been made by the author himself, or with his
authorization, and offered for sale or rental in electronic form together with a device or
facility for protection against copying or for regulating copying, a device or facility for
protection or regulation is made or imported for sale or rental;
(ii) although the work is included in an encoded program that is broadcast or
communicated in some other manner to the public by the author himself, or with his
authorization, a device or facility permitting or facilitating the reception of the program by
persons not entitled to receive it is made or imported for sale or rental.
PART SIX
SPECIAL PROVISIONS
Article 66
Retroactive Effect
(1) Subject to the provisions of Article 59, the provisions of this Annex shall also apply
to works that were created, to performances that took place or were fixed, to phonograms that
have been fixed and to broadcasts that have taken place, prior to the date of entry into force of
this Annex, on condition that such works, performances, phonograms, and broadcasts have
not yet fallen into the public domain by reason of the expiry of the term of protection which
they enjoyed under the preceding legislation or under the legislation of their country of origin.
(2) The legal effects of acts and contracts concluded or stipulated prior to the date of
entry into force of this Annex shall remain entirely unaffected.
TITLE II
PROTECTION AND PROMOTION
OF THE CULTURAL HERITAGE
Chapter I
Definitions
Article 67
Cultural Heritage
(1) The cultural heritage comprises all those material or immaterial human productions
that are characteristic of a nation over time and space.
(2) Such productions relate to