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 21: Enforcement

Jørgen Blomqvist

Subjects: law - academic, intellectual property law


Before the adoption of the TRIPS Agreement, there was no tradition for doing much internationally about the enforcement of the copyright and related rights granted under the various instruments. That was left to national law. It was only through the adoption of the TRIPS Agreement in 1994 that detailed explicit international rules in that respect were introduced. Article 36(1) of the Berne Convention did point out, though, that '[a]ny country party to this Convention undertakes to adopt, in accordance with its constitution, the measures necessary to ensure the application of this Convention'. A similar provision was included in Article 26(1) of the Rome Convention. These provisions may be read as implying an obligation to ensure the application of the protection under the Conventions through appropriate remedies against those who infringe the rights as granted under national law, but the preparatory works of the Conventions do not seem to contain statements confirming such a possible intention. It seems rather likely that the provisions are intended to clarify that the obligation to implement the provisions of the Conventions applies not solely to adhering countries by virtue of Article 36(2) of the Berne Convention and Article 26(2) of the Rome Convention, but also to countries that have already joined the treaties.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information