What is the relationship between the TRIPS Agreement and the Pre-existing International Conventions covered under it ?
CS Professional · Intellectual Property Rights - Law and Practice · PYQS · December 2017
What is the relationship between the TRIPS Agreement and the Pre-existing International Conventions covered under it ?
Answer & Explanation:
The TRIPS Agreement says WTO member countries must comply with the substantive obligations of the main conventions of WIPO, the Paris Conventions on Industrial Property and the Berne Convention on Copyright (in their most recent versions). With the exception of the provisions of the Berne Convention on moral rights, all the substantive provisions of these conventions are incorporated by reference. They, therefore, become obligations for WTO member countries under the TRIPS Agreement - they have to apply these main provisions, and apply them to the individuals and companies of all other WTO members. The TRIPS Agreement also introduces additional obligations in areas which were not addressed in these conventions or were thought not to be sufficiently addressed in them. The TRIPS Agreement is therefore sometimes described as a Berne and 'Paris-Plus' Agreement. The TRIPS Agreement contains references to the provisions of certain pre-existing intellectual property conventions. According to Article 2.1 of the Agreement, the WTO Members shall, in respect of Parts II, III and IV of the Agreement, comply with Articles 1 through 12, and Article 19, of the Paris Convention (1967) (the Stockholm Act of 14 July 1967 of the Paris Convention for the Protection of Industrial Property). Article 9.1 of the Agreement requires Members to comply with Articles 1 through 21 of the Berne Convention (1971) and the Appendix thereto (the Paris Act of 24 July 1971 of the Berne Convention for the Protection of Literary and Artistic Works). However, Members do not have rights or obligations under the TRIPS Agreement in respect of the rights conferred under Article 6b is of that Convention, i.e. the moral rights, or of the rights derived therefrom. As regards protection of the layout-designs of integrated circuits, Article 35 of the Agreement requires Members to comply with Articles 2 through 7 (other than Article 6.3), Article 12 and Article 16.3 of the Treaty on Intellectual Property in respect of Integrated Circuits, adopted at Washington on 26 May 1989. The Agreement contains some references to certain provision of the Rome Convention (the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, adopted at Rome on 26 October 1961). However, there is no general obligation to comply with the substantive provisions of that Convention. The TRIPS Agreement provisions on copyright and related rights clarify or add obligations on a number of points: The TRIPS Agreement ensures that computer programs will be protected as literary works under the Berne Convention and outlines how databases must be protected under copyright; It also expands international copyright rules to cover rental rights. Authors of computer programs and producers of sound recordings must have the right to prohibit the commercial rental of their works to the public. A similar exclusive right applies to films where commercial rental has led to widespread copying, affecting copyright-owners' potential earnings from their films; and It says performers must also have the right to prevent unauthorized recording, reproduction and broadcast of live performances (bootlegging) for no less than 50 years. Producers of sound recordings must have the right to prevent the unauthorized reproduction of recordings for a period of 50 years. The test of the TRIPs agreement also makes use of the provisions of some other international agreements on intellectual property rights: WTO members are required to protect "Integrated Circuit Layout Designs" in accordance with the provisions of the Treaty on Intellectual Property In Respect of Integrated Circuits (IPIC Treaty) together with certain additional obligations. The TRIPS Agreement refers to a number of provisions of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention) without entailing a general requirement to comply with the substantive provisions of that Convention. Article 2 of the TRIPS Agreement specifies that nothing in Paris I to IV of the agreement shall derogate from existing obligations that members may have to comply with each other under the Paris Convention, the Berne Convention, the Rome Convention and the Treaty on Intellectual Property in respect of Integrated circuits.
Topics: TRIPS Agreement
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