luis villarroel Says:
May 29th, 2007 at 2:29 pm

Very useful article !!, Also would be important to stress that in addition to note ”the ways that patents and copyright are treated differently in the TRIPS.” as mentioned in the article, also copyright and related rights are treated differently, not only with regard of scope of such rights, but also with regard of limitations or exceptions.

Article 13,TRIPS, in relation with specific Bern Convention exceptions, applies to exceptions to Copyright; but in the case of related rights (rights of phonographs, broadcasting institutions, and performers) the general rule for exeptions, is NOT article 13 TRIPS, but Article 14 TRIPS, that for most of the cases refers to the Rome Convention for related rights.

Art. 14 TRIPS
“6. Any Member may, in relation to the rights conferred under paragraphs 1, 2 and 3, provide for conditions, limitations, exceptions and reservations to the extent permitted by the Rome Convention. However, the provisions of Article 18 of the Berne Convention (1971) shall also apply, mutatis mutandis, to the rights of performers and producers of phonograms in phonograms.”

Also important to note, with regard related rights for audiovisual performers, because there is no international agreement mandating such rights, for exceptions to such rights there is no mandatory standard.