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1 The Protection of Copyright and Related Rights and Their Role in Trade and Commerce April 3, 2008
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2 Copyright A bundle of rights granted by law to creators of intellectual works.
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3 History First national law (1709) First international treaty (1886)
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4 Common Features Works Rights Limitations Duration of protection Ownership and transfer Exercise
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5 Copyright Protection National Bilateral Regional Multilateral
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6 International Conventions Berne Convention (1886) Universal Copyright Convention (1952) TRIPS Agreement (1994) WIPO Copyright Treaty (1996)
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7 Berne Convention Berne Convention for the Protection of Literary and Artistic Works (1886) 1886 1971 last revised 163 Member States Administered by WIPO
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8 Purpose … to protect, in as effective and uniform a manner as possible, the rights of authors in their literary and artistic works.
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9 Works Protected …every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression.
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10 Copyrightable Works Literary works Musical works Artistic works Dramatical works Cinematographic works Photographic works Computer program Multimedia works …...
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11 Economic Rights Translation Reproduction Public performance Public recitation Broadcasting and ctp Adaptation Arrangements or other alteration … …
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12 Moral Rights To claim authorship To protect integrity
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13 Limitations on Rights Free use Non-voluntary licenses
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14 Limitations on Rights Confined to special cases Do not conflict with normal exploitation of the work Do not unreasonably prejudice the legitimate interests of the author.
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15 Duration of Protection Economic rights: - 50 years after death - 50 years after publication - 50 years after making Moral rights: - at least as long as economic rights
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16 Ownership and transfer Creator Employer Commissioner Assignment License
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17 Basic Principles National treatment Automatic protection Minimum protection
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18 Appendix Right of translation Right of reproduction
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19 UCC Universal Copyright Convention (UCC) Adopted 1952 100 Member States Administered by UNESCO
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20 TRIPs Agreement Agreement on Trade-Related Aspects of Intellectual Property Rights (1994) Berne plus - works - rights - enforcement WTO
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21 WCT WIPO Copyright Treaty (WCT) Adopted 1996 Effective March 2002 64 Members Administered by WIPO
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22 Main Issues Application of rights in digital systems Limitations and exceptions Technological measures of protection Rights management information
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23 Related Rights (neighboring rights) Performers Phonogram producers Broadcasting organizations
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24 Related Rights Fixation Reproduction Broadcasting
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25 International Conventions Rome Convention (1961) Phonogram Convention (1971) Satellite Convention (1974) TRIPS Agreement (1994) Performances & Phonograms Treaty (1996)
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26 Rome Convention International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations 1961 86 Member States Administered by WIPO, UNESCO, ILO
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27 Phonogram Convention Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms 1971 76 Member States Administered by WIPO, UNESCO, ILO
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28 TRIPS Agreement Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) Rights of performers Rights of producers
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29 WPPT WIPO Performances and Phonograms Treaty (WPPT) Adopted 1996 Effective May 2002 62 Members Administered by WIPO
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30 Main Issues Application of right in digital systems Limitations and exceptions Technological measures of protection Rights management information
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31 CRR and Russian Federation WIPO Convention1970 Berne Convention 1995 Phonogram Convention 1995 Rome Convention 2003
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32 Rational of Protection Promote creativity Develop & strengthen cultural and information industries Promote & enrich national cultural heritage Promote trade in cultural goods & products Encourage cultural exchanges Enhance quality of daily life
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33 Role in Trade & Commerce Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS Agreement, 1994) World Trade Organization (WTO) Free Trade Agreements (bilateral, regional)
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34 Studies on Economic Importance Argentina, Brazil, Chile, Paraguay, Uruguay Canada, USA Australian, New Zealand Egypt, Jordan, Lebanon India, Japan, Singapore Austria, Finland, Germany, Hungary, Latvia, Netherlands, Norway, Sweden, UK, EU
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35 The Importance of Copyright Contributions to: - GDP - Employment - Trade
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36 Creative Industries Core copyright Interdependent copyright Partial copyright Non-dedicated support industry
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37 Core Copyright Software and database Press and literature Music, theatrical productions and opera Advertising services Radio and TV Visual and graphic arts Motion picture and video Photography Copyright collecting societies
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38 Interdependent Copyright - Computer and equipment - TV sets, radio, VCRs, cassette and CD player, e-games equipment and similar - Musical instruments - Photographic and cinematographic inst - Photocopiers - Blank recording material - Paper
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39 Partial Copyright - Apparel, textiles & footwear - Jewelry and coins - Other crafts - Furniture - Household goods, china and glass - Wall coverings & carpets - Toys and games - Architecture, engineering, surveying - Interior design, museums
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40 Non-dedicated Support Industry - General wholesaling and retailing - General transportation - Telephony and internet
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41 Singapore Copyright-based industries boost Singapore’s economy - S$8.6 billion value-added - 5.6% GDP - 5.7% employment
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42 Comparison Whole sale and retail: 12.5% Financial services: 11.6 Electronic goods/cmps: 7.5 Construction: 6 Copyright-based: 5.6 Chemical products: 3.4 Hotels & restaurants: 2.3
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43 Other Countries
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44 Other Countries
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45 THANK YOU
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