Recently, a proposal to amend global copyright and certain neighbouring rights rules has been given. The proposal is to be discussed during the World Intellectual Property Organisation's meeting in Geneva in December.
The proposal consists of three different treaties, a treaty on Certain Questions Concerning Literary and Artistic Works, a Treaty for the Protection of the Rights of Performers and Producers of Phonograms and of a Treaty on Intellectual Property in Respect of Databases. The aim is to improve the global protection of intellectual property, especially due to the demands that the development of the Internet sets.
KEY POINTS
According to the proposal, a computer program is protected as literary works within the meaning of Article 2 of the Berne Convention. It is further stipulated that such protection applies to the expression of a computer program in any form. This provision is of a declaratory nature and codifies the established interpretation.
Further it is stipulated that the collection of data of any other material, in any form, which by reason of its selection or arrangement of its contents constitutes an intellectual creation, is protected as such. The protection does not extend to the data or material itself. The provision closely follows the provision on protection of databases according to the TRIPS agreement (i.e. the Agreement on Trade-Related Aspects of Intellectual Property). It is important to note that the protection arises due to the creative efforts of an author in selecting or arranging material, as laid out above.
An authors right to authorise the right of reproduction shall, according to the proposal, include the direct and indirect reproduction of their work, whether permanent or temporary, in any manner or form. Authors shall also enjoy the exclusive right of authorising any communication to the public of their works, including the making available to the public of their works, by wire or wireless means, in such a way that members of the public may access these works from a place and at a time individually chosen by them. Please note that this explicitly concerns the making available of such works, and that the regulation further makes it clear that interactive on-demand acts of communication are within the scope of application of the provision, i.e. using a browser within the Internet.
Similar rights, as laid out above concerning computer programs, are given to performers and producers of phonograms.
In the Treaty on Intellectual Property in Regard of Databases a database that represents a substantial investment in the collection, assembly, verification, organisation or presentation of the contents, is protected. Owners of such a database are given the right to prohibit the extraction or utilisation of its contents.
The content of this article is intended to provide a general guide on the subject matter. Specialist advice should be sought about your specific circumstances.
