Chapter 21: Enforcement
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.
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