Primer on International Copyright and Related Rights

Primer on International Copyright and Related Rights

Jørgen Blomqvist

The international law on copyright and related rights is comprehensive and complex, spanning over a large number of different treaties which have been compiled and amended over more than 125 years. This book gives a concise, but comprehensive introduction to the rules and their rationales. Its rights-oriented approach makes it equally valuable to the student and the practitioner who needs both an introduction to and overview over the international law in the field. The book explains all treaties relevant today, from the 1886 Berne Convention to the WIPO Marrakesh Treaty of 2013.

Chapter 8: Most favoured nation clause

Jørgen Blomqvist

Subjects: law - academic, intellectual property law


In line with the practice followed in international trade relations, the TRIPS Agreement contains in its Article 4(1) a provision according to which 'any advantage, favour, privilege or immunity granted by a Member to the nationals of any other country shall be accorded immediately and unconditionally to the nationals of all other Members'. From this, however, the same paragraph exempts 'any advantage, favour, privilege or immunity accorded by a Member […] granted in accordance with the provisions of the Berne Convention (1971) or the Rome Convention authorizing that the treatment accorded be a function not of national treatment but of the treatment accorded in another country'. In other words the most favoured nation clause does not limit the possibilities of parties to the Berne and Rome Conventions to apply material reciprocity in accordance with the rules of those Conventions that permit such deviation from national treatment. Other international instruments, too, concerning intellectual property rights, which had entered into force prior to the entry into force of the WTO Agreement (that is, before 1 January 1995), are exempted, provided that such agreements are notified to the Council for TRIPS and do not constitute an arbitrary or unjustifiable discrimination against nationals of other WTO member states.

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