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Chapter Summary

The elaborately formulated Art. 12 requires a minimum term of copyright protection for Members whose copyright legislation is based on the copyright system. In principle, the minimum term of protection covers all protected works in the sense of Art. 9 Trade-Related Aspects of Intellectual Property Rights (TRIPS) read together with Art. 2 Berne convention (BC). The calendar year after the making of a work is decisive for the calculation of the term of protection in two particular cases. On the one hand, the term starts with the time at which a work has been made but not yet published. On the other hand, the making is important where a work was published by a third party without the authorization of the right holder.

Keywords: Berne convention (BC); copyright protection; TRIPS



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