Trips Agreement Copyright Law

Thus, it was agreed that the starting point would be the level of protection existing under the last act, the 1971 Paris Act, of that agreement. The starting point is laid down in Article 9(1), which obliges members to comply with the substantive provisions of the 1971 Paris Act of the Berne Convention, namely Articles 1 to 21 of the Berne Convention (1971) and its Annex. However, Members have no rights or obligations under the TRIPS Agreement with respect to the rights conferred under Article 6 bis bis of this Convention, i.e. personal copyright (the right to claim authorship and against any derogatory act concerning a work that would damage the honour or reputation of the author) or the rights derived therefrom. The above-mentioned provisions of the Berne Convention deal with issues such as the subject matter to be protected, the minimum term of protection and the rights to be transferred, as well as the permissible limitations of those rights. The Annex allows developing countries to limit, under certain conditions, the right to translation and the right to reproduction. In accordance with Article 14.3, broadcasting organizations have the right to prohibit the unlawful rounding, reproduction of rounding and wireless relocation of broadcasts, as well as the public broadcasting of their television broadcasts. However, it is not necessary to grant such rights to broadcasting organizations where the holders of copyright in the object of shipments have the possibility to prevent such acts, subject to the provisions of the Berne Convention. Article 10.2 clarifies that databases and other compilations of data or other materials as such are protected by copyright, even if the databases contain data that, as such, is not protected by copyright. .

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