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ARTICLE-3: National Treatment [go to this ARTICLE]
... 1. Each
Member shall accord to the nationals of other Members treatment no
less favourable than that it accords to its own nationals with regard
to the protection(3)
of intellectual property, subject to the exceptions already provided
in, respectively, the Paris Convention (1967), the Berne
Convention (1971), the Rome Convention or the Treaty on
Intellectual Property in Respect of Integrated Circuits. In respect
of performers, producers of phonograms and broadcasting
organizations, this obligation only applies in respect of the rights
provided under this Agreement. Any Member availing itself of the
possibilities provided in Article 6 of the Berne Convention
(1971) or paragraph 1(b) of Article 16 of the Rome Convention
shall make a notification as foreseen in those provisions to the
Council for TRIPS. ...
ARTICLE-4: Most-Favoured-Nation Treatment [go to this ARTICLE]
... (c) in respect of the rights of performers, producers of phonograms
and broadcasting organizations not provided under this Agreement; ...
ARTICLE-14: Protection of Performers, Producers of Phonograms [go to this ARTICLE]
... 1. In
respect of a fixation of their performance on a phonogram, performers
shall have the possibility of preventing the following acts when
undertaken without their authorization: the fixation of their
unfixed performance and the reproduction of such fixation.
Performers shall also have the possibility of preventing the
following acts when undertaken without their authorization: the
broadcasting by wireless means and the communication to the public of
their live performance. ...
... 1. In
respect of a fixation of their performance on a phonogram, performers
shall have the possibility of preventing the following acts when
undertaken without their authorization: the fixation of their
unfixed performance and the reproduction of such fixation.
Performers shall also have the possibility of preventing the
following acts when undertaken without their authorization: the
broadcasting by wireless means and the communication to the public of
their live performance. ...
... 1. In
respect of a fixation of their performance on a phonogram, performers
shall have the possibility of preventing the following acts when
undertaken without their authorization: the fixation of their
unfixed performance and the reproduction of such fixation.
Performers shall also have the possibility of preventing the
following acts when undertaken without their authorization: the
broadcasting by wireless means and the communication to the public of
their live performance. ...
... 1. In
respect of a fixation of their performance on a phonogram, performers
shall have the possibility of preventing the following acts when
undertaken without their authorization: the fixation of their
unfixed performance and the reproduction of such fixation.
Performers shall also have the possibility of preventing the
following acts when undertaken without their authorization: the
broadcasting by wireless means and the communication to the public of
their live performance. ...
... 1. In
respect of a fixation of their performance on a phonogram, performers
shall have the possibility of preventing the following acts when
undertaken without their authorization: the fixation of their
unfixed performance and the reproduction of such fixation.
Performers shall also have the possibility of preventing the
following acts when undertaken without their authorization: the
broadcasting by wireless means and the communication to the public of
their live performance. ...
... 5. The
term of the protection available under this Agreement to performers
and producers of phonograms shall last at least until the end of a
period of 50 years computed from the end of the calendar year in
which the fixation was made or the performance took place. The term
of protection granted pursuant to paragraph 3 shall last for at
least 20 years from the end of the calendar year in which the
broadcast took place. ...
... 5. The
term of the protection available under this Agreement to performers
and producers of phonograms shall last at least until the end of a
period of 50 years computed from the end of the calendar year in
which the fixation was made or the performance took place. The term
of protection granted pursuant to paragraph 3 shall last for at
least 20 years from the end of the calendar year in which the
broadcast took place. ...
... 6. Any
Member may, in relation to the rights conferred under paragraphs 1,
2 and 3, provide for conditions, limitations, exceptions and
reservations to the extent permitted by the Rome Convention.
However, the provisions of Article 18 of the Berne Convention (1971)
shall also apply, mutatis mutandis, to the rights of
performers and producers of phonograms in phonograms. ...
ARTICLE-37: Acts Not Requiring the Authorization of the Right Holder [go to this ARTICLE]
... 1. Notwithstanding
Article 36, no Member shall consider unlawful the performance of any
of the acts referred to in that Article in respect of an integrated
circuit incorporating an unlawfully reproduced layout-design or any
article incorporating such an integrated circuit where the person
performing or ordering such acts did not know and had no reasonable
ground to know, when acquiring the integrated circuit or article
incorporating such an integrated circuit, that it incorporated an
unlawfully reproduced layout-design. Members shall provide that,
after the time that such person has received sufficient notice that
the layout-design was unlawfully reproduced, that person may perform
any of the acts with respect to the stock on hand or ordered before
such time, but shall be liable to pay to the right holder a sum
equivalent to a reasonable royalty such as would be payable under a
freely negotiated licence in respect of such a layout-design. ...
ARTICLE-70: Protection of Existing Subject Matter [go to this ARTICLE]
... 2. Except
as otherwise provided for in this Agreement, this Agreement gives
rise to obligations in respect of all subject matter existing at the
date of application of this Agreement for the Member in question, and
which is protected in that Member on the said date, or which meets or
comes subsequently to meet the criteria for protection under the
terms of this Agreement. In respect of this paragraph and
paragraphs 3 and 4, copyright obligations with respect to
existing works shall be solely determined under Article 18 of
the Berne Convention (1971), and obligations with respect to the
rights of producers of phonograms and performers in existing
phonograms shall be determined solely under Article 18 of the
Berne Convention (1971) as made applicable under paragraph 6 of
Article 14 of this Agreement. ...
... 4. In
respect of any acts in respect of specific objects embodying
protected subject matter which become infringing under the terms of
legislation in conformity with this Agreement, and which were
commenced, or in respect of which a significant investment was made,
before the date of acceptance of the WTO Agreement by that Member,
any Member may provide for a limitation of the remedies available to
the right holder as to the continued performance of such acts after
the date of application of this Agreement for that Member. In such
cases the Member shall, however, at least provide for the payment of
equitable remuneration.
...