International Protection of Copyright and Related Rights Jørgen Savy Blomqvist Director, Copyright Law Division

The Timeframe The Berne Convention 1886 (1967/1971) The Rome Convention 1961 “Guided development”  1975 to 1990 The TRIPS Agreement 1994 WCT and WPPT 1996

General principles National treatment Minimum protection Law of the country where protection is claimed Independence of law of country of origin Dispute settlement under general rules of public international law

Points of Attachment Nationality Headquarters or domicile Place of first publication (within 30 days) Place where physically situated Place of performance/recording Place of transmission

Rights Reproduction Fixation Translation, adaptation Public performance/recital Broadcasting and other communication to the public Resale right Moral rights (authorship and integrity)

Limitations and Exceptions The three-step test –certain special cases –not conflict with normal exploitation –not otherwise unreasonably prejudice legitimate interests of the right owner The minor reservations –limited exceptions, allowed for religious ceremonies, military bands and the needs of child and adult education

The TRIPS Agreement Incorporated substantive provisions of Berne, except moral rights Repeated most substantive provisions of Rome Added computer programs, databases, rental rights, retrospective effect for related rights Detailed enforcement provisions Dispute settlement mechanism

The Internet Treaties The WIPO Copyright Treaty (WCT) The WIPO Performances and Phonograms Treaty (WPPT) - adopted in Geneva on December 20, 1996

General Update Computer programs Databases Distribution and rental Enforcement Economic and moral rights for performers Economic rights for producers of phonograms

The “Digital Agenda” I Right of reproduction  Temporary reproduction, WCT Article 1(4) and the agreed statement, WPPT Articles 7 and 11 Right of making available  The “umbrella solution,” WCT Article 8, WPPT Articles 8 and 14

The “Digital Agenda” II Limitations and exceptions  WCT Article 10, WPPT Article 16 Technological measures  WCT Article 11, WPPT Article 18 Rights Management Information  WCT Article 12, WPPT Article 19

WPPT Contracting Parties in Asia/Pacific region Australia on July 26, 2007 China on June 9, 2007 Indonesia on February 15, 2005 Japan on October 9, 2002 Mongolia on October 25, 2002 Philippines on October 4, 2002 Singapore on April 17, 2005

Countries having implemented WPPT in Asia, without yet joining Bhutan Brunei Republic of Korea Sri Lanka (?) Malaysia (? regarding WCT)

Methods of Implementation Automatically through Constitution Through explicit national legislation –Early minimalist implementation –Detailed, negotiated implementation

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