TRIPs Agreement

The TRIPs Agreement, concluded during the WIPO Uruguay Round Negotiations, is administered by the World Trade Organization (WTO). The TRIPs Agreement sets significant standards for the protection of copyright and related rights. Perhaps most importantly, it contains provisions to ensure that parties to the TRIPs Agreement fully implement obligations under it. After defining the relationship between the TRIPs Agreement and the Berne Convention, the TRIPs Agreement reiterates the basic principle of copyright protection &mdash; that protection extends only to expression and not to ideas, methods of operation, or mathematical concepts.

Article 10 of the TRIPs Agreement confirms that all types of computer programs are "literary works" under the Berne Convention, and requires each WTO country to protect them as such. It also requires copyright protection for compilations of data or other material that are original by reason of their selection or arrangement.

Article 11 of the TRIPs Agreement requires member countries to provide exclusive rights for authors or their successors in title to authorize or to prohibit commercial rental to the public of originals or copies of their copyrighted works for at least computer programs and cinematographic works. The obligation as to rental rights for cinematographic works need not be implemented unless rental has led to widespread copying that is having a material effect on the author's exclusive right of reproduction.

Article 12 of the TRIPs Agreement provides minimum standards for the term of protection for copyrighted works. The term of protection for most works is the life of the author plus 50 years, but whenever the term of protection is not linked to the life of a person, it must be a minimum of fifty years, except for works of applied art or photographs.

Article 9(2) of the Berne Convention bars imposition of limitations on, or exceptions to, the reproduction right except when such limits or exceptions do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder.

Article 13 of the TRIPs Agreement widens the scope of this provision to all exclusive rights in copyright and related rights, thus narrowly circumscribing the limitations and exceptions that WTO member countries may impose.

Article 14 of the TRIPs Agreement goes beyond the obligations of the Rome Convention and the Geneva Phonograms Convention and requires member countries to provide sound recording producers a 50-year term of protection and the rights to authorize or prohibit the direct or indirect reproduction and commercial rental of their sound recordings. However, a WTO member country that on April 15, 1994, had a system of payment of equitable remuneration to compensate for rental of recordings is permitted to keep that system.

The Agreement requires WTO countries to make it possible for performers to prevent unauthorized sound recording or reproduction of their live performances. Broadcasting organizations are to be accorded similar rights, although member countries have the option of providing protection consistent with the Rome Convention or providing owners of copyright in works broadcast the right to prevent the same acts. The Agreement also makes Article 18 of the Berne Convention regarding copyright protection of existing works applicable to sound recordings.