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Relation To The Berne Convention

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Chapter Summary

Art. 9.1 regulates the relationship between Arts 9-13 Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Berne Convention. It establishes harmonized minimum protection on the basis of the Berne Convention and follows a Berne Plus approach. The significance of Art. 9.1 TRIPS is twofold. First, it strengthens the substantive provisions of the Berne Convention, in that it adapts them to the ambit of the world trade order where they become subject to dispute settlement and the enforcement rules of Arts 41 et seq. Secondly, Art. 9.1, sentence 1 makes the substantive provisions of the Berne Convention applicable also to those World Trade Organization (WTO) Members who have not joined the Berne Convention or have not acceded to it in its latest version.

Keywords: Berne Convention; TRIPS; World Trade Organization (WTO)

10.1163/ej.9789004145672.i-910.65
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