Prelims Level
Mains Level
Prelims Syllabus : International Mains Syllabus : Paper - III Issues related to intellectual property rights

India become part of global copyright treaties

Union cabinet approved the accession to the WIPO Copyright Treaty and WIPO Performers and Phonograms Treaty which extends coverage of copyright to the internet and digital environment. The approval is a step towards the objective laid in the National Intellectual Property Rights (IPR) Policy.

WIPO Copyright Treaty

  • The Treaty was concluded in 1996 and entered into force in 2002.
  • A Special agreement under Berne Convention (for protection of literary and artistic works).
  • It has provisions to extend the protection of copyrights contained therein to the digital environment.
  • Further it recognises the rights specific to digital environment, of making work available, to address “on-demand” and other interactive modes of access.
  • The Treaty also grants: (I) the right of distribution; (ii) the right of rental; and (iii) a broader right of communication to the public.
  • As to duration, the term of protection must be at least 50 years for any kind of work.
  • The Treaty obliges Contracting Parties to provide legal remedies against the circumvention of technological measures (e.g., encryption) used by authors in connection with the exercise of their rights, and against the removal or altering of information, such as certain data that identify works or their authors, necessary for the management.
  • The Treaty establishes an Assembly of the Contracting Parties whose main task is to address matters concerning the maintenance and development of the Treaty
  • It entrusts to the Secretariat of WIPO the administrative tasks concerning the Treaty

WIPO Performances and Phonograms Treaty:

  • The Treaty was concluded in 1996 and entered into force in 2002.
  • WPPT deals with rights of two kinds of beneficiaries, particularly in digital environment –Performers (actors, singers, musicians etc.)
  • Producers of Phonograms (Sound recordings). The treaty empowers right owners in their negotiations with new digital platforms and distributors.
  • It recognizes moral rights of the performers for the first time & provides exclusive economic rights to them.
  • As far as performers are concerned, the Treaty grants performers economic rights in their performances fixed in phonograms (not in audio-visual fixations, such as motion pictures (i) the right of reproduction; (ii) the right of distribution; (iii) the right of rental; and (iv) the right of making available.
  • As to unfixed (live) performances, the Treaty grants performers: (i) the right of broadcasting (except in the case of rebroadcasting); (ii) the right of communication to the public (except where the performance is a broadcast performance); and (iii) the right of fixation.
  • As far as producers of phonograms are concerned, the Treaty grants them economic rights in their phonograms: (i) the right of reproduction; (ii) the right of distribution; (iii) the right of rental; and (iv) the right of making available.
  • The term of protection must be at least 50 years.
  • The Treaty obliges Contracting Parties to provide for legal remedies against the circumvention of technological measures.

The Treaty establishes an Assembly of the Contracting Parties whose main task is to address matters concerning the maintenance and development of the Treaty. It entrusts to the Secretariat of WIPO the administrative tasks concerning the Treaty.

WIPO:

  • It is a specialized agency of UN established in 1967.
  • Located in GENEVA Switzerland.
  • Aim: To encourage creative activity, to promote the protection of Intellectual property throughout the world.
  • Unlike other branches of the United Nations, WIPO has significant financial resources independent of the contributions from its Member States.
  • WIPO has established WIPO net, a global information network. The project seeks to link over 300 intellectual property offices (IP offices) in all WIPO Member States and providing a means of secure communication among all connected parties.

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