Written by:- Suraj Sandilya, B.A.LL.B, Galgotias University
Introduction
The Berne Convention for the Protection of Literary and Artistic Works was established in 1886 to provide guidelines for the protection of creative works and the rights of authors. This convention emphasizes the independence of copyright protection across member states, highlighting both the economic and moral rights of copyright holders.
Key Aspects of the Berne Convention
- Purpose: To establish guidelines for protecting the rights of authors and their works.
- Moral Rights: The convention recognizes the moral rights of authors alongside economic rights.
- Automatic: Protection:Copyright protection is granted automatically without the need for formal registration.
- National Treatment: Works originating in one member state must receive the same protection in all other member states.
- Independence Principle: Copyright duration varies by country, for example:
- United Kingdom: 60 years
- United States: 65 years
Example of Copyright Duration
For instance, if an Indian citizen creates a work in 2013 and seeks registration in 2023 while also selling it in the U.S. and the U.K., the protection timelines would extend until:
- India:-2073
- U.S:-2083
World Intellectual Property Organization (WIPO)
- Established:-1970, with origins tracing back to the Paris and Berne Conventions.
- Objective:- To promote creativity and innovation by protecting the rights of creators and owners of intellectual property globally.
Functions of WIPO
- Normative Activities: Setting standards for the protection and enforcement of intellectual property (IP).
- Technical Assistance: Providing legal and technical support to member states.
- International Cooperation: Facilitating collaboration among industrial property offices regarding patents and trademarks.
Organizational Structure of WIPO
- General Assembly:- Responsible for appointing the Director General and overseeing reports and activities.
- WIPO Conference:- Meets annually or biannually.
- Coordination Committee:- Composed of member representatives to handle administrative and financial matters.
Types of Treaties Governed by WIPO
1.Substantive Law Treaties:-15+1 treaties outlining protection guidelines.
2. Classification Treaties:- 4 treaties related to IP classification.
3. Global Protection Treaties:-6 treaties for comprehensive IP protection.
In total, WIPO administers 25 treaties.
WIPO Copyright Treaty (WCT)
Enacted:- 1946; effective from 2002.
Relation to Berne Convention:-Acts as a special agreement under Article 20 of the Berne Convention.
Focus:-Protects copyrights in the digital environment, particularly concerning:
Computer Programs:-Article 4 extends protection to literary works, including software.
Compilations of Data:- Article 5 protects original arrangements of data.
Rights of Distribution and Rental:- Articles 6 and 7 grant rights to control public access and rental of copyrighted works.
Conclusion
The International Convention of Copyright Act, particularly through the Berne Convention and WIPO, provides a robust framework for protecting the rights of creators globally. These mechanisms ensure that intellectual property is safeguarded, fostering innovation and creativity across diverse fields.
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