What is Intellectual Property?
The use of property bears a social
Intellectual property (IP) refers to creations of the
mind, such as inventions; literary and artistic works;
designs; and symbols, names and images used in
commerce.
SECTION 2. Declaration of State Policy. - The
State recognizes that an effective intellectual and
industrial property system is vital to the
development of domestic and creative activity,
facilitates transfer of technology, attracts foreign
investments, and ensures market access for our
products. It shall protect and secure the exclusive
rights of scientists, inventors, artists and other
gifted citizens to their intellectual property and
creations, particularly when beneficial to the
people, for such periods as provided in this Act.
The use of intellectual property bears a social
function. To this end, the State shall promote the
diffusion of knowledge and information for the
promotion of national development and progress
and the common good.
It is also the policy of the State to streamline
administrative procedures of registering patents,
trademarks and copyright, to liberalize the
registration on the transfer of technology, and to
enhance the enforcement of intellectual property
rights in the Philippines. (n)
Rationale behind the Intellectual Property Code
The Intellectual Property Code (IPC) gives life to
Sec. 13, Art. XIV of the Constitution which
mandates that the State shall protect and secure
the exclusive rights of scientists, investors, artists
and other gifted citizens to their intellectual property
and creations, particularly when beneficial to the
people, for such period as may be provided by law.
The State recognizes that an effective intellectual
and industrial property system is vital to the
development of domestic and creative activity,
facilitates transfers of technology and attracts
foreign investments; and ensures market access for
our products (IPC, Sec. 2).
CONSTITUTION
ART XII
Classification: Confidential
Section 6.
function, and all economic agents shall contribute
to the common good. Individuals and private
groups, including corporations, cooperatives, and
similar collective organizations, shall have the right
to own, establish, and operate economic
enterprises, subject to the duty of the State to
promote distributive justice and to intervene when
the common good so demands.
Section 14. The sustained development of a
reservoir of national talents consisting of Filipino
scientists, entrepreneurs, professionals, managers,
high-level technical manpower and skilled workers
and craftsmen in all fields shall be promoted by the
State. The State shall encourage appropriate
technology and regulate its transfer for the national
benefit. The practice of all professions in the
Philippines shall be limited to Filipino citizens, save
in cases prescribed by law.
ARTICLE XIV
EDUCATION, SCIENCE AND TECHNOLOGY,
ARTS, CULTURE AND SPORTS
SCIENCE AND TECHNOLOGY
Section 10. Science and technology are essential
for national development and progress. The State
shall give priority to research and development,
invention, innovation, and their utilization; and to
science and technology education, training, and
services. It shall support indigenous, appropriate,
and self-reliant scientific and technological
capabilities, and their application to the country's
productive systems and national life.
Section 11. The Congress may provide for
incentives, including tax deductions, to encourage
private participation in programs of basic and
applied scientific research. Scholarships, grants-in-
aid, or other forms of incentives shall be provided to
deserving science students, researchers, scientists,
inventors, technologists, and specially gifted
citizens.
Section 12. The State shall regulate the transfer
and promote the adaptation of technology from all
sources for the national benefit. It shall encourage
the widest participation of private groups, local
governments, and community-based organizations
in the generation and utilization of science and
technology.
 Section 13. The State shall protect and secure the
exclusive rights of scientists, inventors, artists, and
other gifted citizens to their intellectual property and
creations, particularly when beneficial to the
people, for such period as may be provided by law.
ARTS AND CULTURE
Section 14. The State shall foster the preservation,
enrichment, and dynamic evolution of a Filipino
national culture based on the principle of unity in
diversity in a climate of free artistic and intellectual
expression.
Section 15. Arts and letters shall enjoy the
patronage of the State. The State shall conserve,
promote, and popularize the nation's historical and
cultural heritage and resources, as well as artistic
creations.
Section 16. All the country's artistic and historic
wealth constitutes the cultural treasure of the nation
and shall be under the protection of the State which
may regulate its disposition.
Section 17. The State shall recognize, respect, and
protect the rights of indigenous cultural
communities to preserve and develop their cultures,
traditions, and institutions. It shall consider these
rights in the formulation of national plans and
policies.
Section 18.
1. The State shall ensure equal access to
cultural opportunities through the
educational system, public or private
cultural entities, scholarships, grants and
other incentives, and community cultural
centers, and other public venues.
2. The State shall encourage and support
researches and studies on the arts and
culture.
CIVIL CODE
Article 712. Ownership is acquired by occupation
and by intellectual creation.
Ownership and other real rights over property are
acquired and transmitted by law, by donation, by
testate and intestate succession, and in
consequence of certain contracts, by tradition.
Classification: Confidential
They may also be acquired by means of
prescription. (609a)
Article 721. By intellectual creation, the following
persons acquire ownership:
(1) The author with regard to his literary,
dramatic, historical, legal, philosophical,
scientific or other work;
(2) The composer; as to his musical
composition;
(3) The painter, sculptor, or other artist, with
respect to the product of his art;
(4) The scientist or technologist or any other
person with regard to his discovery or
invention. (n)
Article 722. The author and the composer,
mentioned in Nos. 1 and 2 of the preceding article,
shall have the ownership of their creations even
before the publication of the same. Once their
works are published, their rights are governed by
the Copyright laws.
The painter, sculptor or other artist shall have
dominion over the product of his art even before it
is copyrighted.
The scientist or technologist has the ownership of
his discovery or invention even before it is
patented. (n)
Article 723. Letters and other private
communications in writing are owned by the person
to whom they are addressed and delivered, but
they cannot be published or disseminated without
the consent of the writer or his heirs. However, the
court may authorize their publication or
dissemination if the public good or the interest of
justice so requires. (n)
Article 724. Special laws govern copyright and
patent. (429a)
Article 520. A trade-mark or trade-name duly
registered in the proper government bureau or
office is owned by and pertains to the person,
corporation, or firm registering the same, subject to
the provisions of special laws. (n)
Article 521. The goodwill of a business is property,
and may be transferred together with the right to
 use the name under which the business is
conducted. (n)
Article 522. Trade-marks and trade-names are
governed by special laws. (n)
UNIVERSAL DECLARATION OF HUMAN RIGHTS
Article 17.
 
(1) Everyone has the right to own property alone as
well as in association with others.
(2) No one shall be arbitrarily deprived of his
property.
Article 19.
 
Everyone has the right to freedom of opinion and
expression; this right includes freedom to hold
opinions without interference and to seek, receive
and impart information and ideas through any
media and regardless of frontiers.
Article 26.
 
(1) Everyone has the right to education. Education
shall be free, at least in the elementary and
fundamental stages. Elementary education shall be
compulsory. Technical and professional education
shall be made generally available and higher
education shall be equally accessible to all on the
basis of merit.
(2) Education shall be directed to the full
development of the human personality and to the
strengthening of respect for human rights and
fundamental freedoms. It shall promote
understanding, tolerance and friendship among all
nations, racial or religious groups, and shall further
the activities of the United Nations for the
maintenance of peace.
(3) Parents have a prior right to choose the kind of
education that shall be given to their children.
Article 27.
(1) Everyone has the right freely to participate in
the cultural life of the community, to enjoy the arts
Classification: Confidential
and to share in scientific advancement and its
benefits.
(2) Everyone has the right to the protection of the
moral and material interests resulting from any
scientific, literary or artistic production of which he
is the author.
Article 29.
(1) Everyone has duties to the community in which
alone the free and full development of his
personality is possible.
(2) In the exercise of his rights and freedoms,
everyone shall be subject only to such limitations
as are determined by law solely for the purpose of
securing due recognition and respect for the rights
and freedoms of others and of meeting the just
requirements of morality, public order and the
general welfare in a democratic society.
(3) These rights and freedoms may in no case be
exercised contrary to the purposes and principles of
the United Nations.
Berne Convention for the Protection of Literary
and Artistic Works
The Berne Convention, adopted in 1886, deals with
the protection of works and the rights of their
authors. It provides creators such as authors,
musicians, poets, painters etc. with the means to
control how their works are used, by whom, and on
what terms. It is based on three basic principles
and contains a series of provisions determining the
minimum protection to be granted, as well as
special provisions available to developing countries
that want to make use of them.
Summary of the Berne Convention for the
Protection of Literary and Artistic Works (1886)
The Berne Convention deals with the protection of
works and the rights of their authors. It is based on
three basic principles and contains a series of
provisions determining the minimum protection to
be granted, as well as special provisions available
to developing countries that want to make use of
them.
 (1) The three basic principles are the following:
(a) Works originating in one of the Contracting
States (that is, works the author of which is a
national of such a State or works first published in
such a State) must be given the same protection in
each of the other Contracting States as the latter
grants to the works of its own nationals (principle of
"national treatment") [1].
(b) Protection must not be conditional upon
compliance with any formality (principle of
"automatic" protection) [2].
(c) Protection is independent of the existence of
protection in the country of origin of the work
(principle of "independence" of protection). If,
however, a Contracting State provides for a longer
term of protection than the minimum prescribed by
the Convention and the work ceases to be
protected in the country of origin, protection may be
denied once protection in the country of origin
ceases [3].
(2) The minimum standards of protection relate to
the works and rights to be protected, and to the
duration of protection:
(a) As to works, protection must include "every
production in the literary, scientific and artistic
domain, whatever the mode or form of its
expression" (Article 2(1) of the Convention).
(b) Subject to certain allowed reservations,
limitations or exceptions, the following are among
the rights that must be recognized as exclusive
rights of authorization:
the right to translate,
the right to make adaptations and arrangements of
the work,
the right to perform in public dramatic, dramatico-
musical and musical works,
the right to recite literary works in public,
the right to communicate to the public the
performance of such works,
the right to broadcast (with the possibility that a
Contracting State may provide for a mere right to
Classification: Confidential
equitable remuneration instead of a right of
authorization),
the right to make reproductions in any manner or
form (with the possibility that a Contracting State
may permit, in certain special cases, reproduction
without authorization, provided that the
reproduction does not conflict with the normal
exploitation of the work and does not unreasonably
prejudice the legitimate interests of the author; and
the possibility that a Contracting State may provide,
in the case of sound recordings of musical works,
for a right to equitable remuneration),
the right to use the work as a basis for an
audiovisual work, and the right to reproduce,
distribute, perform in public or communicate to the
public that audiovisual work [4].
The Convention also provides for "moral rights",
that is, the right to claim authorship of the work and
the right to object to any mutilation, deformation or
other modification of, or other derogatory action in
relation to, the work that would be prejudicial to the
author's honor or reputation.
(c) As to the duration of protection, the general rule
is that protection must be granted until the
expiration of the 50th year after the author's death.
There are, however, exceptions to this general rule.
In the case of anonymous or pseudonymous works,
the term of protection expires 50 years after the
work has been lawfully made available to the
public, except if the pseudonym leaves no doubt as
to the author's identity or if the author discloses his
or her identity during that period; in the latter case,
the general rule applies. In the case of audiovisual
(cinematographic) works, the minimum term of
protection is 50 years after the making available of
the work to the public ("release") or – failing such
an event – from the creation of the work. In the
case of works of applied art and photographic
works, the minimum term is 25 years from the
creation of the work [5].
(3) The Berne Convention allows certain limitations
and exceptions on economic rights, that is, cases in
which protected works may be used without the
authorization of the owner of the copyright, and
without payment of compensation. These
limitations are commonly referred to as "free uses"
of protected works, and are set forth in Articles 9(2)
(reproduction in certain special cases), 10
(quotations and use of works by way of illustration
 for teaching purposes), 10bis (reproduction of
newspaper or similar articles and use of works for
the purpose of reporting current events) and
11bis(3) (ephemeral recordings for broadcasting
purposes).
(4) The Appendix to the Paris Act of the Convention
also permits developing countries to implement
non-voluntary licenses for translation and
reproduction of works in certain cases, in
connection with educational activities. In these
cases, the described use is allowed without the
authorization of the right holder, subject to the
payment of remuneration to be fixed by the law.
The Berne Union has an Assembly and an
Executive Committee. Every country that is a
member of the Union and has adhered to at least
the administrative and final provisions of the
Stockholm Act is a member of the Assembly. The
members of the Executive Committee are elected
from among the members of the Union, except for
Switzerland, which is a member ex officio.
The establishment of the biennial program and
budget of the WIPO Secretariat – as far as the
Berne Union is concerned – is the task of its
Assembly.
The Berne Convention, concluded in 1886, was
revised at Paris in 1896 and at Berlin in 1908,
completed at Berne in 1914, revised at Rome in
1928, at Brussels in 1948, at Stockholm in 1967
and at Paris in 1971, and was amended in 1979.
The Convention is open to all States. Instruments
of ratification or accession must be deposited with
the Director General of WIPO [6].
[1] Under the Agreement on Trade-Related Aspects
of Intellectual Property Rights (TRIPS Agreement),
the principles of national treatment, automatic
protection and independence of protection also
bind those World Trade Organization (WTO)
Members not party to the Berne Convention. In
addition, the TRIPS Agreement imposes an
obligation of "most-favored-nation treatment", under
which advantages accorded by a WTO Member to
the nationals of any other country must also be
accorded to the nationals of all WTO Members. It is
to be noted that the possibility of delayed
Classification: Confidential
application of the TRIPS Agreement does not apply
to national treatment and most-favored obligations.
[2] Idem.
[3] Idem.
[4] Under the TRIPS Agreement, an exclusive right
of rental must be recognized in respect of computer
programs and, under certain conditions, audiovisual
works.
[5] Under the TRIPS Agreement, any term of
protection that is calculated on a basis other than
the life of a natural person must be at least 50
years from the first authorized publication of the
work, or – failing such an event – 50 years from the
making of the work. However, this rule does not
apply to photographic works, or to works of applied
art.
[6] It is to be noted that WTO Members, even those
not party to the Berne Convention, must comply
with the substantive law provisions of the Berne
Convention, except that WTO Members not party to
the Convention are not bound by the moral rights
provisions of the Convention.
Rome Convention for the Protection of
Performers, Producers of Phonograms and
Broadcasting Organizations
The Rome Convention secures protection in
performances for performers, in phonograms for
producers of phonograms and in broadcasts for
broadcasting organizations. WIPO is responsible
for the administration of the convention jointly with
the International Labour Organization (ILO) and the
United Nations Educational, Scientific and Cultural
Organization (UNESCO).
Summary of the Rome Convention for the
Protection of Performers, Producers of
Phonograms and Broadcasting Organisations
(1961)
The Rome Convention secures protection in
performances for performers, in phonograms for
producers of phonograms and in broadcasts for
broadcasting organizations.
(1) Performers (actors, singers, musicians, dancers
and those who perform literary or artistic works) are
protected against certain acts to which they have
 not consented, such as the broadcasting and
communication to the public of a live performance;
the fixation of the live performance; the
reproduction of the fixation if the original fixation
was made without the performer's consent or if the
reproduction was made for purposes different from
those for which consent was given.
(2) Producers of phonograms have the right to
authorize or prohibit the direct or indirect
reproduction of their phonograms. In the Rome
Convention, “phonograms” means any exclusively
aural fixation of sounds of a performance or of
other sounds. Where a phonogram published for
commercial purposes gives rise to secondary uses
(such as broadcasting or communication to the
public in any form), a single equitable remuneration
must be paid by the user to the performers, to the
producers of the phonograms, or to both.
Contracting States are free, however, not to apply
this rule or to limit its application.
(3) Broadcasting organizations have the right to
authorize or prohibit certain acts, namely the
rebroadcasting of their broadcasts; the fixation of
their broadcasts; the reproduction of such fixations;
the communication to the public of their television
broadcasts if such communication is made in
places accessible to the public against payment of
an entrance fee.
The Rome Convention allows for limitations and
exceptions to the above-mentioned rights in
national laws as regards private use, use of short
excerpts in connection with reporting current
events, ephemeral fixation by a broadcasting
organization by means of its own facilities and for
its own broadcasts, use solely for the purpose of
teaching or scientific research and in any other
cases where national law provides exceptions to
copyright in literary and artistic works. Furthermore,
once a performer has consented to the
incorporation of a performance in a visual or
audiovisual fixation, the provisions on performers'
rights have no further application.
As to duration, protection must last at least until the
end of a 20-year period computed from the end of
the year in which (a) the fixation was made, for
phonograms and for performances incorporated
therein; (b) the performance took place, for
performances not incorporated in phonograms; (c)
the broadcast took place. However, national laws
increasingly provide for a 50-year term of
Classification: Confidential
protection, at least for phonograms and
performances.
WIPO is responsible, jointly with the International
Labour Organization (ILO) and the United Nations
Educational, Scientific and Cultural Organization
(UNESCO), for the administration of the Rome
Convention. These three organizations constitute
the Secretariat of the Intergovernmental Committee
set up under the Convention consisting of the
representatives of 12 Contracting States.
The Convention does not provide for the institution
of a Union or budget. It establishes an
Intergovernmental Committee composed of
Contracting States that considers questions
concerning the Convention [1].
This Convention is open to States party to the
Berne Convention for the Protection of Literary and
Artistic Works (1886) or to the Universal Copyright
Convention. Instruments of ratification or accession
must be deposited with the Secretary-General of
the United Nations. States may make reservations
with regard to the application of certain provisions.
[1] The TRIPS Agreement also contains provisions
on the protection of related rights. These provisions
are different, in several respects, from those
contained in the Rome Convention and in the
Geneva Convention for the Protection of Producers
of Phonograms Against Unauthorized Duplication
of Their Phonograms (1971).
WIPO Copyright Treaty (WCT)
The WIPO Copyright Treaty (WCT) is a special
agreement under the Berne Convention which
deals with the protection of works and the rights of
their authors in the digital environment. In addition
to the rights recognized by the Berne Convention,
they are granted certain economic rights. The
Treaty also deals with two subject matters to be
protected by copyright: (i) computer programs,
whatever the mode or form of their expression; and
(ii) compilations of data or other material
("databases").
Summary of the WIPO Copyright Treaty (WCT)
(1996)
The WIPO Copyright Treaty (WCT) is a special
agreement under the Berne Convention that deals
with the protection of works and the rights of their
 authors in the digital environment. Any Contracting
Party (even if it is not bound by the Berne
Convention) must comply with the substantive
provisions of the 1971 (Paris) Act of the Berne
Convention for the Protection of Literary and Artistic
Works (1886). Furthermore, the WCT mentions two
subject matters to be protected by copyright: (i)
computer programs, whatever the mode or form of
their expression; and (ii) compilations of data or
other material ("databases"), in any form, which, by
reason of the selection or arrangement of their
contents, constitute intellectual creations. (Where a
database does not constitute such a creation, it is
outside the scope of this Treaty.)
As to the rights granted to authors, apart from the
rights recognized by the Berne Convention, the
Treaty also grants: (i) the right of distribution; (ii) the
right of rental; and (iii) a broader right of
communication to the public.
The right of distribution is the right to authorize the
making available to the public of the original and
copies of a work through sale or other transfer of
ownership.
The right of rental is the right to authorize
commercial rental to the public of the original and
copies of three kinds of works: (i) computer
programs (except where the computer program
itself is not the essential object of the rental); (ii)
cinematographic works (but only in cases where
commercial rental has led to widespread copying of
such works, materially impairing the exclusive right
of reproduction); and (iii) works embodied in
phonograms as determined in the national law of
Contracting Parties (except for countries which,
since April 15, 1994, have had a system in force for
equitable remuneration of such rental).
The right of communication to the public is the right
to authorize any communication to the public, by
wire or wireless means, including "the making
available to the public of works in a way that the
members of the public may access the work from a
place and at a time individually chosen by them".
The quoted expression covers, in particular, on-
demand, interactive communication through the
Internet.
As to limitations and exceptions, Article 10 of the
WCT incorporates the so-called "threestep" test to
determine limitations and exceptions, as provided
for in Article 9(2) of the Berne Convention,
extending its application to all rights. The Agreed
Classification: Confidential
Statement accompanying the WCT provides that
such limitations and exceptions, as established in
national law in compliance with the Berne
Convention, may be extended to the digital
environment. Contracting States may devise new
exceptions and limitations appropriate to the digital
environment. The extension of existing or the
creation of new limitations and exceptions is
allowed if the conditions of the "three-step" test are
met.
As to duration, the term of protection must be at
least 50 years for any kind of work.
The enjoyment and exercise of the rights provided
for in the Treaty cannot be subject to any formality.
The Treaty obliges Contracting Parties to provide
legal remedies against the circumvention of
technological measures (e.g., encryption) used by
authors in connection with the exercise of their
rights, and against the removal or altering of
information, such as certain data that identify works
or their authors, necessary for the management
(e.g., licensing, collecting and distribution of
royalties) of their rights ("rights management
information").
The Treaty obliges each Contracting Party to adopt,
in accordance with its legal system, the measures
necessary to ensure the application of the Treaty.
In particular, each Contracting Party must ensure
that enforcement procedures are available under its
law so as to permit effective action against any act
of infringement of rights covered by the Treaty.
Such action must include expeditious remedies to
prevent infringement as well as remedies that
constitute a deterrent to further infringement.
The Treaty establishes an Assembly of the
Contracting Parties whose main task is to address
matters concerning the maintenance and
development of the Treaty. It entrusts to the
Secretariat of WIPO the administrative tasks
concerning the Treaty.
The Treaty was concluded in 1996 and entered into
force in 2002.
The Treaty is open to States members of WIPO
and to the European Community. The Assembly
constituted by the Treaty may decide to admit other
intergovernmental organizations to become party to
the Treaty. Instruments of ratification or accession
 must be deposited with the Director General of
WIPO.
WIPO Performances and Phonograms Treaty
The WIPO Performances and Phonograms Treaty
(WPPT) deals with the rights of two kinds of
beneficiaries, particularly in the digital environment:
(i) performers (actors, singers, musicians, etc.); and
(ii) producers of phonograms (persons or legal
entities that take the initiative and have the
responsibility for the fixation of sounds).
Summary of the WIPO Performances and
Phonograms Treaty (WPPT) (1996)
The WIPO Performances and Phonograms Treaty
(WPPT) deals with the rights of two kinds of
beneficiaries, particularly in the digital environment:
(i) performers (actors, singers, musicians, etc.); and
(ii) producers of phonograms (persons or legal
entities that take the initiative and have the
responsibility for the fixation of sounds). These
rights are addressed in the same instrument,
because most of the rights granted by the Treaty to
performers are rights connected to their fixed,
purely aural performances (which are the subject
matter of phonograms).
As far as performers are concerned, the Treaty
grants performers economic rights in their
performances fixed in phonograms (not in
audiovisual fixations, such as motion pictures): (i)
the right of reproduction; (ii) the right of distribution;
(iii) the right of rental; and (iv) the right of making
available.
The right of reproduction is the right to authorize
direct or indirect reproduction of the phonogram in
any manner or form.
The right of distribution is the right to authorize the
making available to the public of the original and
copies of the phonogram through sale or other
transfer of ownership.
The right of rental is the right to authorize the
commercial rental to the public of the original and
copies of the phonogram, as determined in the
national law of the Contracting Parties (except for
countries that, since April 15, 1994, have had a
system in force for equitable remuneration of such
rental).
Classification: Confidential
The right of making available is the right to
authorize the making available to the public, by wire
or wireless means, of any performance fixed in a
phonogram, in such a way that members of the
public may access the fixed performance from a
place and at a time individually chosen by them.
This right covers, in particular, on-demand,
interactive making available through the Internet.
As to unfixed (live) performances, the Treaty grants
performers: (i) the right of broadcasting (except in
the case of rebroadcasting); (ii) the right of
communication to the public (except where the
performance is a broadcast performance); and (iii)
the right of fixation.
The Treaty also grants performers moral rights, that
is, the right to claim to be identified as the
performer and the right to object to any distortion,
mutilation or other modification that would be
prejudicial to the performer's reputation.
As far as producers of phonograms are concerned,
the Treaty grants them economic rights in their
phonograms: (i) the right of reproduction; (ii) the
right of distribution; (iii) the right of rental; and (iv)
the right of making available.
The right of reproduction is the right to authorize
direct or indirect reproduction of the phonogram in
any manner or form.
The right of distribution is the right to authorize the
making available to the public of the original and
copies of the phonogram through sale or other
transfer of ownership.
The right of rental is the right to authorize the
commercial rental to the public of the original and
copies of the phonogram, as determined in the
national law of the Contracting Parties (except for
countries that, since April 15, 1994, have a system
in force for equitable remuneration of such rental).
The right of making available is the right to
authorize making available to the public, by wire or
wireless means, a phonogram in such a way that
members of the public may access the phonogram
from a place and at a time individually chosen by
them. This right covers, in particular, on-demand,
interactive making available through the Internet.
The Treaty provides that performers and producers
of phonograms have the right to a single equitable
remuneration for the direct or indirect use of
 phonograms, published for commercial purposes,
broadcasting or communication to the public.
However, any Contracting Party may restrict or –
provided that it makes a reservation to the Treaty –
deny this right. In the case and to the extent of a
reservation by a Contracting Party, the other
Contracting Parties are permitted to deny, vis-à-vis
the reserving Contracting Party, national treatment
("reciprocity").
The Treaty establishes an Assembly of the
Contracting Parties whose main task is to address
matters concerning the maintenance and
development of the Treaty. It entrusts to the
Secretariat of WIPO the administrative tasks
concerning the Treaty.
The Treaty was concluded in 1996 and entered into
force in 2002.

As to limitations and exceptions, Article 16 of the The Treaty is open to States members of WIPO
WPPT incorporates the so-called "threestep" test to and to the European Community. The Assembly
determine limitations and exceptions, as provided constituted by the Treaty may decide to admit other
for in Article 9(2) of the Berne Convention, intergovernmental organizations to become party to
extending its application to all rights. The the Treaty. Instruments of ratification or accession
accompanying Agreed Statement provides that must be deposited with the Director General of
such limitations and exceptions, as established in WIPO.
national law in compliance with the Berne
Convention, may be extended to the digital
environment. Contracting States may devise new
exceptions and limitations appropriate to the digital
environment. The extension of existing or the
creation of new limitations and exceptions is
allowed if the conditions of the "three-step" test are
met.

The term of protection must be at least 50 years.

The enjoyment and exercise of the rights provided

for in the Treaty cannot be subject to any formality.

The Treaty obliges Contracting Parties to provide

for legal remedies against the circumvention of
technological measures (e.g., encryption) used by
performers or phonogram producers in connection
with the exercise of their rights, and against the
removal or altering of information – such as the
indication of certain data that identify the performer,
performance, producer of the phonogram and the
phonogram itself – necessary for the management
(e.g., licensing, collecting and distribution of
royalties) of the said rights ("rights management
information").

The Treaty obliges each Contracting Party to adopt,

in accordance with its legal system, the measures
necessary to ensure the application of the Treaty.
In particular, each Contracting Party must ensure
that enforcement procedures are available under its
law so as to permit effective action against any act
of infringement of rights covered by the Treaty.
Such action must include expeditious remedies to
prevent infringement as well as remedies that
constitute a deterrent to further infringement.

Classification: Confidential