the Berne Convention for the Protection of Literary and Artistic Works (1971) (the Berne Convention);
the Berne Convention. The Berne Convention for the Protection of Literary and Artistic Works follows the same approach as the Paris Convention. Its Article 26 accords any party the right to propose the amendment of certain organizational provisions.162 Article 27 provides for the possibility of holding successive revision conferences with a view to introducing “amendments designed to improve the system of the Union” (Article 27.1). These amendments concern, inter alia, the substantive provisions of the Berne Convention.163
the Berne Convention. This Article permits libraries and archives to make such copies on behalf of users, and for library and archive users to make copies of works obtained from a library or archive.
the Berne Convention. FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS, 1886 By Xxxxxx Xxxxx-Xxxx Deputy Registrar, BELIPO
the Berne Convention. For example:
the Berne Convention. If 9(2) TRIPS is to be interpreted in a positive light then it obliges countries to protect all “expressions”, not being limited to the traditional “literary and artistic works”. The term of copyright as incorporated 27 A moral right is the right to claim authorship and to object to any derogatory action in relation to a work, which would be prejudicial to the author’s honour or reputation. into the TRIPS Agreement was that of Article 7(1) of the Berne Convention, which is the life of the author and 50 years after his death. Within the context of textiles and fashion – the question is whether or not copyright can extend to textiles prints and patterns on fabrics, textiles patterns on woven cloths; in the context of fashion - patterns for garments and the actual garment design. There is nothing in the TRIPS Agreement to suggest that designs and design drawings cannot be protected. In fact, as long as there is the expression of the idea in some form, then the minimum standard, which specifies what is to be protected, is satisfied. It is up to the Member Countries themselves to determine whether or not to actually list drawings for a textile or garment design as works pertaining to copyright protection. The French IP Code chooses to list extensively what is to be included in their definition of a copyright work and this list includes explicitly textiles and fashion designs and creations.28 The English law on the other hand keeps the descriptions very brief and it is up to case law to determine what is protectable under copyright law.29 In the UK, despite not having textiles and fashion designs listed as a protected work, the history of UK IP law as well as case law has revealed that fabric designs as well as clothing designs are subject to copyright protection. In China, the items are not listed as works but practical application of the law provides protection for both textiles and fashion designs. The Thai law has chosen to list the types of works in a similar as the French Code but does not include drawings for textiles designs or fashion garments.30 Some jurisdictions choose not to protect fashion designs altogether, like the USA, this has become a topic of much debate of late as the fashion and clothing sector have lobbied to Congress for a change to the law and to allow limited protection for fashion designs31. The actual extent of protection of works is a matter for national legislation and interpretation by national courts.
