Berne Convention and TRIPS

Question 1

what is the Berne convention

Answer 1

international minimum standards copyright agreement with 38 articles that provides member states a minimum level of protection of literary and artistic works, but each member can offer a higher level by choice

features: binding legal protection, national treatment, automatic protection, and independence of protection.

Signed in Berne in 1886, enforced in 1887
Last amended in Paris 1971

Automatic protection means that a work is protected without the need for formal registration or compliance with other formalities (like filing or marking with a copyright symbol). Once the work is created, it’s automatically protected in all member countries.

Independence of protection means that the protection granted to a work in one member country does not depend on whether it is protected in the country of origin or elsewhere. Each member state independently provides the protection based on its own laws, as required by the Convention.

Question 2

exclusive rights under berne convention

Answer 2

range of rights including right to translate, reproduce, and perform their works, as well as broadcast and recite them publicly.

Exceptions to these rights include fair use for educational purposes or event reporting.

Question 3

duration of protection under Berne convention

Answer 3

life of the author plus 50 years.

For anonymous and pseudonymous works - 50 years from publication

Cinematographic works have a protection term of 50 years

applied art and photography receive 25 years from creation.

Question 4

what is the TRIPS agreement

Answer 4

• TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement emerged due to increased importance of intellectual property in international trade.
• comprehensive agreement with 73 Articles with minimum standards for protection, administration, and enforcement of IP rights across all categories of IPR e.g….

Question 5

part 1 and 2 of TRIPS

Answer 5

Part 1:

• gneral provisions and basic principles, including national treatment (equal rights for citizens and foreign nationals) and most-favored-nation (MFN) treatment (equal rights for nationals of all member countries).

Part 2

sets minimum standards for different types of IPR,including copyright, trademarks, GIs, industrial designs, and patents.

Question 6

IP categories under TRIPS

5 that you need to know: copyright, patent, trademark, GI, industrial design

Answer 6

1. Copyright (Articles 9–14): Based on the Berne Convention, includes protection of literary and artistic works, rights of translation, and reproduction.
2. Trademarks (Articles 15–21): Sets out definitions, registration, and rights.
3. Geographical Indications (Articles 22–24): Protects the origin and characteristics of goods from specific regions.
4. Industrial Designs (Articles 25–26): Protects the aesthetic appearance of products.
5. Patents (Articles 27–34): Patents must be available for any invention, with some exclusions (e.g., surgical methods, plants, and animals).

Question 7

enforcement and dispute settlement

Answer 7

Part 3 (Articles 41–61): Requires members to ensure enforcement procedures are in place to prevent IP infringements.

Part 4 (Article 62): Covers the acquisition and maintenance of IP rights.

Part 5 (Articles 63–64): Focuses on dispute prevention and settlement procedures.

Question 8

transition periods for compliance with TRIPS

Answer 8

came into effect 1st Jan 1995

Developed countries had to comply with TRIPS by January 1996.

Developing countries had until 2000 to comply with TRIPS

further extensions for least developed countries (LDCs) until 2034 for specific provisions.