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exclusive right [Global Index]
ARTICLE-11: Rental Rights [go to this ARTICLE]
... In
respect of at least computer programs and cinematographic works, a
Member shall provide authors and their successors in title the right
to authorize or to prohibit the commercial rental to the public of
originals or copies of their copyright works. A Member shall be
excepted from this obligation in respect of cinematographic works
unless such rental has led to widespread copying of such works which
is materially impairing the exclusive right of reproduction conferred
in that Member on authors and their successors in title. In respect
of computer programs, this obligation does not apply to rentals where
the program itself is not the essential object of the rental. ...
ARTICLE-13: Limitations and Exceptions [go to this ARTICLE]
... Members
shall confine limitations or exceptions to exclusive rights to
certain special cases which do not conflict with a normal
exploitation of the work and do not unreasonably prejudice the
legitimate interests of the right holder.
...
ARTICLE-14: Protection of Performers, Producers of Phonograms [go to this ARTICLE]
... 4. The
provisions of Article 11 in respect of computer programs shall apply
mutatis mutandis to producers of phonograms and any other
right holders in phonograms as determined in a Member's law. If on
15 April 1994 a Member has in force a system of equitable
remuneration of right holders in respect of the rental of phonograms,
it may maintain such system provided that the commercial rental of
phonograms is not giving rise to the material impairment of the
exclusive rights of reproduction of right holders.
...
ARTICLE-16: Rights Conferred [go to this ARTICLE]
... 1. The
owner of a registered trademark shall have the exclusive right to
prevent all third parties not having the owner's consent from
using in the course of trade identical or similar signs for goods or
services which are identical or similar to those in respect of which
the trademark is registered where such use would result in a
likelihood of confusion. In case of the use of an identical sign for
identical goods or services, a likelihood of confusion shall be
presumed. The rights described above shall not prejudice any
existing prior rights, nor shall they affect the possibility of
Members making rights available on the basis of use. ...
ARTICLE-28: Rights Conferred [go to this ARTICLE]
ARTICLE-30: Exceptions to Rights Conferred [go to this ARTICLE]
... Members
may provide limited exceptions to the exclusive rights conferred by a
patent, provided that such exceptions do not unreasonably conflict
with a normal exploitation of the patent and do not unreasonably
prejudice the legitimate interests of the patent owner, taking
account of the legitimate interests of third parties. ...