Other intellectual property conventions incorporated by reference into the TRIPS Agreement
The TRIPS Agreement contains references to the provisions of certain pre-existing intellectual property conventions.
See also:
World Intellectual Property Organization (WIPO)s website, which includes legal texts of all relevant conventions.
For example:
The Paris Convention for the Protection of Industrial Property (patents, industrial designs, etc).
The Berne Convention for the Protection of Literary and Artistic Works (copyright).
Article 9.1 of the Agreement requires Members to comply with Articles 1 through 21 of the Berne Convention (1971) and the Appendix thereto (the Paris Act of 24 July 1971 of the Berne Convention for the Protection of Literary and Artistic Works). However, Members do not have rights or obligations under the TRIPS Agreement in respect of the rights conferred under Article 6bis of that Convention, i.e. the moral rights, or of the rights derived therefrom.
As regards protection of the layout-designs of integrated circuits, Article 35 of the Agreement requires Members to comply with Articles 2 through 7 (other than Article 6.3), Article 12 and Article 16.3 of the Treaty on Intellectual Property in Respect of Integrated Circuits, adopted at Washington on 26 May 1989.
The Agreement contains some references to certain provision of the Rome Convention (the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, adopted at Rome on 26 October 1961). However, there is no general obligation to comply with the substantive provisions of that Convention.
Below is a list of these agreements, which can be found at the website of the World Intellectual Property Organization in English, French and Spanish:
- Paris Convention for the Protection of Industrial Property (1967)
- Berne Convention for the Protection of Literary and Artistic Works (1971)
- International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (the Rome Convention) (1961)
- Treaty on Intellectual Property in Respect of Integrated Circuits (1989)