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Rental Rights

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Chapter Summary

One essential development in international intellectual property protection, which was introduced in the Uruguay Round and is now codified in Art. 11 Trade-Related Aspects of Intellectual Property Rights (TRIPS), concerns rental rights of copyright works. The distinction between computer programs and cinematographic works in Art. 11 results from the different conditions which are required by the Members in respect of rental rights for the different kinds of works. Renting in the sense of Art. 11 is considered not to be the mere result of a licence issued in return for payment, but is defined restrictively as commercial lending to the public of originals or copies of copyright works (Art. 11, sentence 1 TRIPS). According to sentence 3 of Art. 11, rental of computer programs is relevant to copyright protection only if the program itself is the essential object of the rental.

Keywords: cinematographic works; computer programs; rental rights; TRIPS



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