与贸易有关的知识产权协定(中英文)

PART II

 

STANDARDS CONCERNING THE AVAILABILITY, SCOPE

AND USE OF INTELLECTUAL PROPERTY RIGHTS

 

 

SECTION 1:  COPYRIGHT AND RELATED RIGHTS

 

 

Article 9

 

Relation to the Berne Convention

 

1.         Members shall comply with Articles 1 through 21 of the Berne Convention (1971) and the Appendix thereto.  However, Members shall not have rights or obligations under this Agreement in respect of the rights conferred under Article 6bis of that Convention or of the rights derived therefrom.

 

2.         Copyright protection shall extend to expressions and not to ideas, procedures, methods of operation or mathematical concepts as such.

 

 

Article 10

 

Computer Programs and Compilations of Data

 

1.         Computer programs, whether in source or object code, shall be protected as literary works under the Berne Convention (1971).

 

2.         Compilations of data or other material, whether in machine readable or other form, which by reason of the selection or arrangement of their contents constitute intellectual creations shall be protected as such.  Such protection, which shall not extend to the data or material itself, shall be without prejudice to any copyright subsisting in the data or material itself.

 

 

Article 11

 

Rental Rights

 

            In respect of at least computer programs and cinematographic works, a Member shall provide authors and their successors in title the right to authorize or to prohibit the commercial rental to the public of originals or copies of their copyright works.  A Member shall be excepted from this obligation in respect of cinematographic works unless such rental has led to widespread copying of such works which is materially impairing the exclusive right of reproduction conferred in that Member on authors and their successors in title.  In respect of computer programs, this obligation does not apply to rentals where the program itself is not the essential object of the rental.

 

 

Article 12

 

Term of Protection

 

            Whenever the term of protection of a work, other than a photographic work or a work of applied art, is calculated on a basis other than the life of a natural person, such term shall be no less than 50 years from the end of the calendar year of authorized publication, or, failing such authorized publication within 50 years from the making of the work, 50 years from the end of the calendar year of making.

 

 

Article 13

 

Limitations and Exceptions

 

            Members shall confine limitations or exceptions to exclusive rights to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder. 

 

 

Article 14

 

Protection of Performers, Producers of Phonograms

(Sound Recordings) and Broadcasting Organizations

 

1.         In respect of a fixation of their performance on a phonogram, performers shall have the possibility of preventing the following acts when undertaken without their authorization:  the fixation of their unfixed performance and the reproduction of such fixation.  Performers shall also have the possibility of preventing the following acts when undertaken without their authorization:  the broadcasting by wireless means and the communication to the public of their live performance.

 

2.