World Trade Organization Agreement On Trade-Related Aspects Of Intellectual Property Rights

Article 10 of the agreement states that “1. Computer programs, whether in the source code or in the object code, must be protected as literary works under the Berne Convention (1971). (2) The compilation of data or any other material, whether machine-readable or in any other form, constituting spiritual creations because of the choice or disposition of their content, must be protected as such. Such protection, which does not cover the data or material itself, does not affect the copyrights that exist in the data or materials themselves. The ON TRIPS agreement is a minimum model agreement that allows members to more broadly protect intellectual property protection on demand. Members are free to determine the appropriate method of transposing the provisions of the agreement into their own legal and practical order. The TRIPS agreement was negotiated during the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) from 1986 to 1994. Its reception was the culmination of an intensive lobbying program by the United States, supported by the European Union, Japan and other developed nations. Campaigns of unilateral economic support under the system of generalized preferences and the constraint under Section 301 of the Trade Act have played an important role in combating competing political positions favoured by developing countries such as Brazil, but also Thailand, India and the Caribbean basin countries. The U.S.

strategy to link trade policy to intellectual property standards can be attributed to the entrepreneurial spirit of Pfizer executives in the early 1980s, who mobilized companies in the United States and made maximizing intellectual property privileges the top priority of U.S. trade policy (Braithwaite and Drahos, 2000, Chapter 7). In accordance with Article 14.3, broadcasters have the right to prohibit unauthorized fixing, reproduction of bindings and wireless broadcasting, as well as the public disclosure of their television programmes.

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