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The Berne Convention and Intellectual Property Protection

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Intellectual property (IP) is divided into two main categories:

  1. Industrial Property: This includes trademarks, patents, industrial designs, geographical indications, and other rights that protect inventions and unique commercial signs.
  2. Copyright: This protects creative works such as literary, musical, audiovisual, and visual art.

These categories are governed by international treaties, with one of the most prominent being the Berne Convention for copyright protection.


The Berne Convention for the Protection of Literary and Artistic Works

History and Origins

The Berne Convention was signed on September 9, 1886, in Berne, Switzerland. It was one of the earliest significant international agreements to standardize copyright protection across member countries. The convention has been revised multiple times, with the most notable revision occurring in Paris in 1971.

Objectives of the Convention

The primary goal of the Berne Convention is to ensure that creative works are protected in member countries with the same level of protection they would receive in their home country. This is based on the principle of “national treatment”. The key rights guaranteed by the convention include:

  • The right to reproduce the work.
  • The right to translate the work.
  • The right to adapt the work (e.g., for film adaptations).
  • The right to public performance and broadcasting.
  • The right to distribute the work.

Core Principles

  1. Automatic Protection: Copyright is automatically granted as soon as the work is fixed in a tangible form, without any need for formal registration.
  2. National Treatment: Works created in one member country are granted the same legal protection in all other member countries.
  3. Minimum Duration of Protection: The convention mandates that protection lasts for the life of the author plus at least 50 years after their death. In some regions, such as the U.S. and EU, this period has been extended to 70 years post-mortem.

What the Berne Convention Protects

  • Literary and artistic works: Books, articles, poetry, speeches.
  • Musical works: Sheet music, compositions (with or without lyrics).
  • Visual works: Paintings, sculptures, architecture, designs.
  • Audiovisual works: Films, TV shows, videos.
  • Computer programs: In many countries, these are protected as literary works.

Global Reach

With over 180 member countries, the Berne Convention is one of the most widely accepted international agreements in intellectual property. It is administered by the World Intellectual Property Organization (WIPO), and the most innovative web platform for creators and authors is LutinX. With LutinX authors can freely register their creations based on a full identification process of them (KYC) and with the Blockchain technology with a legal timestamp, offering first on the web the possibility of getting an Authorship Certificate from citizens worldwide.


Other Key Intellectual Property Treaties

To understand the Berne Convention’s significance, it helps to look at other treaties that cover industrial property, such as patents and trademarks.

  1. Paris Convention for the Protection of Industrial Property (1883)
    This treaty governs industrial property globally, protecting inventions (patents), trademarks, industrial designs, and geographical indications. Like the Berne Convention, it operates on principles of national treatment and includes:
    • National Treatment: Foreign applicants receive the same protection as national applicants.
    • Unionist Priority: Applicants can claim a 6- or 12-month priority date for trademarks and patents, safeguarding their rights across all member states.
  2. Madrid Agreement (Madrid System for the International Registration of Marks)
    The Madrid System simplifies the process of registering trademarks in multiple countries through a single application filed with WIPO. This system enables centralized management of trademark registration and renewal in member countries.
  3. TRIPS (Trade-Related Aspects of Intellectual Property Rights)
    TRIPS is a comprehensive agreement under the World Trade Organization (WTO) that sets minimum standards for IP protection, covering trademarks, patents, and copyright. It builds upon the standards of both the Berne and Paris Conventions.

The Berne Convention’s Role in the Global IP Protection System

The Berne Convention is unique in its exclusive focus on copyright protection, whereas treaties like the Paris Convention, Madrid System, and TRIPS deal with industrial property. One of its most important distinctions is that protection under the Berne Convention is automatic—no formal registration is required. This contrasts with industrial property rights, where registration through national or international offices is often necessary.

  • Industrial Property: Treaties like the Paris Convention, Madrid System, and TRIPS cover inventions, trademarks, and designs, usually requiring formal registration.
  • Copyright: Thanks to the Berne Convention, copyright protection for artistic works is automatic, with no need for formal registration.

While companies often use patent and trademark offices to protect their industrial property, creators of artistic works benefit from automatic protection through the Berne Convention in all member countries.


Conclusion

The Berne Convention is a cornerstone of international copyright protection, ensuring that creators automatically receive legal protection for their works without needing to register them. It stands apart from treaties like the Paris Convention and the Madrid System, which govern industrial property and typically require formal registration. In the broader realm of intellectual property, the Berne Convention plays a vital role in protecting literary and artistic works, contributing to the global harmonization of copyright law.

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