Intellectual Property in the WTO Volume I
Edited by Carlos M. Correa
Chapter 12: The Protection of ‘Related Rights’ in TRIPS and the WIPO Performances and Phonograms Treaty
Owen Morgan Introduction This chapter discusses the international intellectual property rights of members of three key groups within the entertainment industry, namely, broadcasters, producers of phonograms and performers. The first two provide investment and entrepreneurial drive, while performers are, of course, an essential element in the industry. The intellectual property rights of the three are commonly grouped together and referred to as ‘neighbouring rights’ or ‘related rights’.1 Article 5 of the Agreement on Trade-related Aspects of Intellectual Property Rights, Annex 1C to the Agreement Establishing the World Trade Organization, done at Marrakesh on April 15, 1994 (‘TRIPS’) states that ‘The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology’. This was a surprisingly forward-thinking statement because the period since TRIPS was concluded has been one of sustained technological advance. The entertainment industry, which employs the technology of sound recording and broadcasting, is an industry that has been marked by significant technological development. The value of the investment in the entertainment industry has meant that investors, rights holders and potential rights holders have sought to increase the level of protection afforded to their investments and the United States government, for one, has regarded their efforts favourably.2 1 ‘“Neighbouring rights” is a term that in its narrow sense covers the rights of performers, producers of phonograms and broadcasting organizations, that is, the beneficiaries under the Rome Convention. In a wider sense, the term covers a range of rights...
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