FIRST SUBMISSION OF THE STUDY ON THE MOST IMPORTANT ASPECTS OF ANNEX 1C OF THE MARRAKECH AGREEMENT CONSTITUTIVE OF THE WORLD TRADE ORGANIZATION
AGREEMENT CONCERNING INTELLECTUALPROPERTY RIGHTS ASPECTS RELATED TO TRADE
GENERAL PROVISIONS AND BASIC PRINCIPLES
1. What does the expression “intellectual property under number 2 include?
This expression covers all categories of intellectual property that are the subject of Sections 1 to 7 of Part II. In summary we find that these categories are the following:
1. Copyright and related rights
3. Geographical indications
4. Industrial designs
6. Layout-designs (topographies) of integrated circuits
7. Protection of undisclosed information.
2. According to number 3, who are considered nationals of other member countries, with the right to be granted the treatment provided for in the agreement?
Nationals of the other Members shall be understood as natural or legal persons who would meet the criteria established to be able to benefit from protection in the Paris Convention (1967), the Berne Convention (1971), the Rome Convention and the Intellectual Property Treat Regarding Integrated Circuits. If a member uses paragraph 3, article 5 or paragraph 2 of article 6 of the Rome Convention, to limit protection, it must notify the Council.
For a better understanding of this section, we have reviewed the aforementioned Conventions and found that, according to them, the following persons are considered nationals of the other member countries:
a) PARIS CONVENTION of 1967, for the Protection of Industrial Property:
Article 2. It is enough to be a national of another Member State, without being required to be a resident. Also under Article 3, nationals of non-member countries are considered nationals under the Convention if they are domiciled or have effective and serious commercial or industrial premises in any country of the Union.
b) BERNA CONVENTION of 1971, for the Protection of Literary and Artistic Works:
Article 3, paragraph 1) National authors of a country of the Union; those who are not nationals of the Union, in respect of works published in a country of the Union, or simultaneously, in a country that is not of the Union and one that is. 2) Non-nationals of a Union country with habitual residence in a Union country.
c) ROME CONVENTION, on the Protection of Performers, Phonogram Producers and Broadcasting Organizations:
Article 4. Artists who perform in another Contracting State, or have set the performance on a phonogram protected under Article 5; or that the performance not fixed on the phonograph be broadcasted in a broadcast protected under the article. 6.
Art. 5 1) To producers of phonographs under the following conditions:
a) Be a national of a Contracting State (nationality criteria).
b) The sound fixation is made in the Contracting State. (fixing criteria).
c) The Phonogram is published for the first time in the Contracting State. (publication criteria).
2) Phonograms published for the first time in a non-Member State shall be considered as published for the first time in a Member State if within 30 days they are published in a Member State.
Art. 6 Broadcasting organizations under any of the following conditions:
a) Have a legal domicile in another Member State.
b) The broadcast is transmitted from another Member State.
d) TREATY ON INTELLECTUAL PROPERTY REGARDING INTEGRATED CIRCUITS:
Art. 5, 1) i) To natural persons who are nationals or domiciled in a State party.
ii) Natural or legal persons who have an effective and real establishment in the territory of a Contracting State, to produce integrated circuits or create layout designs.