The Trips Agreement Includes Copyright Protection For Computer Programs

The TRIPS Agreement contains certain provisions relating to well-known marks that complement the protection provided for in Article 6 bis bis of the Paris Convention, as incorporated by reference to the TRIPS Agreement, which obliges members to refuse or cancel registration and to prohibit the use of a mark that opposes a well-known mark. First, the provisions of this article also apply to services. Secondly, it is necessary to take into account the knowledge acquired in the relevant field of the public, acquired not only through the use of the mark, but also through other means, including its promotion. In addition, the protection of registered known marks must relate to goods or services which are not similar to those for which the trade mark has been registered, provided that their use indicates a link between those goods or services and the proprietor of the registered trade mark and that the interests of the proprietor may be affected by such use (Article 16, paragraphs 2 and 3). Article 35 of the TRIPS Agreement obliges Member States to protect the interpretation of integrated circuits in accordance with the provisions of the IPIC Treaty (Intellectual Property and Integrated Circuits Treaty), negotiated under the auspices of WIPO in 1989. These provisions address, inter alia, definitions of the integrated circuit and layout design (topography), protection requirements, exclusive rights and restrictions, and valuation, registration and disclosure. An integrated circuit means a product, in its final form or in intermediate form, in which the elements, of which at least one is an active element, and some or all of the connections in and/or on a piece of material, are entirely constituted and must perform an electronic function. A layout design (topography) is defined as the three-dimensional arrangement, however expressed, of the elements of which at least one is an active element and of some or all of the assemblies of an integrated circuit or a three-dimensional arrangement prepared for an integrated circuit intended for manufacture. The obligation to protect layout designs applies to layout designs that are original in the sense that they are the result of their creators` own intellectual efforts and are not everyday among layout design creators and integrated circuit manufacturers at the time of their creation. Exclusive rights include the right to reproduction and the right to import, sell and other sales for commercial purposes.

Certain restrictions on these rights are provided. In accordance with Article 14.2, Members shall grant phonogram manufacturers an exclusive right of reproduction. In addition, in accordance with Article 14(4), they must at least grant phonogram manufacturers an exclusive rental right. The provisions on rental right shall also apply to all other holders of rights in phonograms as defined by national law. .