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The Paris Union Berne Convention Universal Copyright TRIPS World Intellectual

Convention Property Organization


(WIPO)
First intellectual property The Berne Convention for the This is one (other is Berne The requirements of TRIPS:
treaties. Protection of Literary and convention) of the TRIPS requires member states
Artistic Works, usually known international conventions to provide strong protection for
as the Berne Convention, is an protecting copyright adopted intellectual property rights. For
international agreement by Universal Copyright example, under TRIPS:
governing copyright Convention (UCC)
signed in Paris, France, on which was first accepted in Geneva, Switzerland, in 1952  Copyright terms must extend Geneva (Switzerland).
20 March 1883 Berne, Switzerland, in 1886. at least 50 years, unless based it was created at the
on the life of the author. (Art. diplomatic conference in
12 and 14)[ 1893
As of January 2019, the As of April 2019, there are 177  Copyright must be granted WIPO includes 184
Convention has 177 states that are parties to the automatically, and not based member-states
contracting member countries, Berne Convention. This includes upon any "formality," such as
which makes it one of the most 174 UN member states plus the registrations, as specified in
widely adopted treaties Cook Islands, the Holy See and the Berne Convention. (Art. 9)
worldwide Niue.  Computer programs must be
The substantive provisions of The Berne Convention formally This was developed by the regarded as "literary works" The WIPO main
the Convention fall into three mandated several aspects of United Nations Educational, under copyright law and functions are:
main categories: national modern copyright law; it Scientific and Cultural receive the same terms of
treatment, priority right and introduced the concept that a Organization (UNESCO) as protection.  assisting campaigns
common rules. copyright exists the moment a an alternative to the Berne  National exceptions to development to
work is "fixed", rather than Convention for those states copyright (such as "fair use" improve IP
National treatment: requiring registration. It also that disagreed with aspects of in the United States) are protection all over
According to Articles 2 & 3 of enforces a requirement that the Berne Convention but constrained by the Berne the world and to
this treaty, persons of a state countries recognize copyrights still wished to participate in three-step test harmonize national
held by the citizens of all other some form of multilateral  Patents must be granted for legislations in this
party to the Convention shall
enjoy in all other countries of parties to the convention. copyright protection "inventions" in all "fields of field;
the Union, the advantages that technology" provided they
meet all other patentability  signing international
their respective laws grant to The Berne Convention, on the The United States only
requirements (although agreements on IP
nationals. In other words, other hand, provided for provided copyright
exceptions for certain public protection;
when an applicant files an copyright protection for a single protection for a fixed
application for a patent or a term based on the life of the renewable term, and required interests are allowed (Art. 27.2  applying the
trademark in a foreign country author, and did not require that, in order for a work to be and 27.3) and must be administrative
member of the Union, the registration or the inclusion of a copyrighted, it must contain enforceable for at least 20 functions of the Paris
application receives the same a copyright notice and be years (Art 33). and Berne Unions;
treatment as if it came from a copyright notice for copyright to registered at the Copyright  Exceptions to exclusive rights  rendering technical
national of this foreign exist Office must be limited, provided that and legal assistance
country. Furthermore, if the the United States became a normal exploitation of the in the field of IP;
intellectual property right is willing to participate in the work (Art. 13) and normal
 collecting and
granted, the owner benefits Berne Convention and change exploitation of the patent
disseminating the
from the same protection and its national copyright law as (Art 30) is not in conflict.
information,
the same legal remedy against required. In 1989 it became a  No unreasonable prejudice to
conducting
any infringement as if the party to the Berne Convention as the legitimate interests of the
researches and
owner was a national owner of a result of the Berne Convention right holders of computer
publishing their
this right. Implementation Act of 1988. programs and patents is
results;
allowed.
Priority right The minimum standards of  Legitimate interests of third  ensuring the work of
protection relate to the works parties have to be taken into the services
The "Convention priority and rights to be account by patent rights facilitating the
right", also called "Paris protected[edit] (Art 30). international IP
Convention priority right" or  In each state, intellectual protection;
"Union priority right", was As to works, protection must property laws may not offer
 applying any other
also established by Article 4 of include "every production in the any benefits to local citizens
which are not available to appropriate actions.
the Paris Convention, and is literary, scientific and artistic
regarded as one of the domain, whatever the mode or citizens of other TRIPS
cornerstones of the Paris form of its expression" (Article signatories under the principle
Convention. It provides that 2(1) of the Convention). of national treatment (with
an applicant from one certain limited exceptions,
contracting State shall be able Subject to certain allowed Art. 3 and 5).[8] TRIPS also
to use its first filing date as reservations, limitations or has a most favored nation
the effective filing date in exceptions, the following are clause.
another contracting State, among the rights that must be
provided that the applicant, or recognized as exclusive rights of The TRIPS Agreement
his successor in title, files a authorization: incorporates by reference the
subsequent application within provisions on copyright from the
6 months (for industrial  the right to translate, Berne Convention for the
designs and trademarks) or 12  the right to make Protection of Literary and
months (for patents and utility adaptations and Artistic Works (Art 9), with the
models) from the first filing. arrangements of the work, exception of moral rights. It also
 the right to perform in incorporated by reference the
Mutual independence of public dramatic, dramatico- substantive provisions of the
patents and trademarks in musical and musical works, Paris Convention for the
 the right to recite literary Protection of Industrial Property
works in public, (Art 2.1). The TRIPS
the different Countries of the  the right to communicate to Agreement specifically
Union the public the performance of mentions that software and
such works, databases are protected by
According to Articles 4 and 6  the right to broadcast copyright, subject to originality
(for patents and trademarks  the right to make requirement (Art 10). Article 10
respectively), for foreigners, reproductions in any manner of the Agreement stipulates: "1.
the application for a patent or or form Computer programs, whether in
the registration of a trademark  the right to use the work as source or object code, shall be
shall be determined by the a basis for an audiovisual protected as literary works under
member state in accordance work, and the right to the Berne Convention (1971). 2.
with their national law and not reproduce, distribute, perform Compilations of data or other
by the decision of the country in public or communicate to material, whether in machine
of origin or any other the public that audiovisual readable or other form, which by
countries. Patent applications work. reason of the selection or
and trademark registrations are arrangement of their contents
independent among constitute intellectual creations
contracting countries. shall be protected as such. Such
protection, which shall not
extend to the data or material
itself, shall be without prejudice
to any copyright subsisting in
the data or material itself."

Patent Co-operation Treaty International Patent Law Treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect
inventions in each of its contracting states. A patent application filed under the PCT is called an international application,

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