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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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Presentation on theme: "1 The Protection of Copyright and Related Rights and Their Role in Trade and Commerce April 3, 2008."— Presentation transcript:

1 1 The Protection of Copyright and Related Rights and Their Role in Trade and Commerce April 3, 2008

2 2 Copyright A bundle of rights granted by law to creators of intellectual works.

3 3 History First national law (1709) First international treaty (1886)

4 4 Common Features Works Rights Limitations Duration of protection Ownership and transfer Exercise

5 5 Copyright Protection National Bilateral Regional Multilateral

6 6 International Conventions Berne Convention (1886) Universal Copyright Convention (1952) TRIPS Agreement (1994) WIPO Copyright Treaty (1996)

7 7 Berne Convention Berne Convention for the Protection of Literary and Artistic Works (1886) 1886 1971 last revised 163 Member States Administered by WIPO

8 8 Purpose … to protect, in as effective and uniform a manner as possible, the rights of authors in their literary and artistic works.

9 9 Works Protected …every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression.

10 10 Copyrightable Works Literary works Musical works Artistic works Dramatical works Cinematographic works Photographic works Computer program Multimedia works …...

11 11 Economic Rights Translation Reproduction Public performance Public recitation Broadcasting and ctp Adaptation Arrangements or other alteration … …

12 12 Moral Rights To claim authorship To protect integrity

13 13 Limitations on Rights Free use Non-voluntary licenses

14 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.

15 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

16 16 Ownership and transfer Creator Employer Commissioner Assignment License

17 17 Basic Principles National treatment Automatic protection Minimum protection

18 18 Appendix Right of translation Right of reproduction

19 19 UCC Universal Copyright Convention (UCC) Adopted 1952 100 Member States Administered by UNESCO

20 20 TRIPs Agreement Agreement on Trade-Related Aspects of Intellectual Property Rights (1994) Berne plus - works - rights - enforcement WTO

21 21 WCT WIPO Copyright Treaty (WCT) Adopted 1996 Effective March 2002 64 Members Administered by WIPO

22 22 Main Issues Application of rights in digital systems Limitations and exceptions Technological measures of protection Rights management information

23 23 Related Rights (neighboring rights) Performers Phonogram producers Broadcasting organizations

24 24 Related Rights Fixation Reproduction Broadcasting

25 25 International Conventions Rome Convention (1961) Phonogram Convention (1971) Satellite Convention (1974) TRIPS Agreement (1994) Performances & Phonograms Treaty (1996)

26 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

27 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

28 28 TRIPS Agreement Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) Rights of performers Rights of producers

29 29 WPPT WIPO Performances and Phonograms Treaty (WPPT) Adopted 1996 Effective May 2002 62 Members Administered by WIPO

30 30 Main Issues Application of right in digital systems Limitations and exceptions Technological measures of protection Rights management information

31 31 CRR and Russian Federation WIPO Convention1970 Berne Convention 1995 Phonogram Convention 1995 Rome Convention 2003

32 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

33 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)

34 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

35 35 The Importance of Copyright Contributions to: - GDP - Employment - Trade

36 36 Creative Industries Core copyright Interdependent copyright Partial copyright Non-dedicated support industry

37 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

38 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

39 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

40 40 Non-dedicated Support Industry - General wholesaling and retailing - General transportation - Telephony and internet

41 41 Singapore Copyright-based industries boost Singapore’s economy - S$8.6 billion value-added - 5.6% GDP - 5.7% employment

42 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

43 43 Other Countries

44 44 Other Countries

45 45 THANK YOU


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