However if owing to the expiration which is earlier provided to work of term of protection it became already general property in the country in which protection will be claimed, this work will not be again put under protection in this country.
concerning the works of architecture built in any country of the Union or other works of art, which are part of the building or other construction located in any country of the Union, the country of origin is this country.
It should be noted that such interpretation of article 18 did not cause response from other members of the Bern Union though possibility of such reaction and is provided by article 33 of the Bern Convention. According to experts, one of the reasons of such silence was that before accession to the Bern Convention, the USA participated in the World Convention on copyright which can be considered as the special convention in sense of point 3 of article 18 of the Bern Convention, considerably facilitated acceptance of the position taken by the USA.
The specified principle is applied according to provisions of special Conventions which are signed or will be concluded for this purpose between the Union countries. In the absence of such provisions the corresponding are harmonous define - everyone for themselves - a condition of application of this principle.
The principle of a retroactive effect in this agreement is formulated quite definitely: in contracting states all "old" works which from the moment of the introduction of the Agreement in force and before the expiration of the terms provided by article 3 are subject to protection in the territory of member countries have to be "recovered".
In literature the given "protection mechanism with a retroactive effect" was exposed to criticism, and, in my opinion, it was absolutely fairly noted that it is extremely difficult to realize this rule in practice. Really, practical application of this partially limited rule about the return action, undoubtedly will be problematic. Besides, this situation contradicts article 18 of the Bern Convention (which Poland plans to join soon), again providing protection to the works which passed into the sphere of the general property owing to the protection expiration.
"Use after the introduction of the present Agreement owing to 2 works specified in article concerning which did not expire the terms provided by article 3 by the time of use falls under action of the present Agreement".