Trips Agreement And Copyright

Article 11 provides that authors have the right to authorize or prohibit to the public the commercial rental of originals or copies of their copyrighted works, at least with respect to computer programs and, in certain circumstances, cinematographic works. In the case of cinematographic works, the exclusive rental right is subject to the so-called value test: a member is exempted from the obligation, unless such rental has given rise to a widespread reproduction of such works which seriously infringe the exclusive reproduction right granted to the author and his assigns in that member. With regard to computer programs, the obligation does not apply to rentals for which the program itself is not the essential object of the rental. This article therefore constitutes a critical analysis of whether the TRIPS Agreement introduced a new legal regime for copyright protection on which subsequent agreements were established in relation to existing international legal systems. Article 25(2) contains a specific provision to take account of the short life cycle and the number of new designs in the textile sector: the requirements for the protection of such designs, in particular as regards costs, examination or publication, must not disproportionately affect the possibility of applying for and obtaining such protection. Members are free to fulfil this obligation through design or copyright law. The actual copyright and patent standards set out in the TRIPS Agreement come largely from other sources. .