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BERNE

CONVENTION

Shreya Ahuja Fergusson College Dept of Biotechnology Roll no. 3

What is a Convention?

An international agreement between states or nations, concerning finance, trade, or other matters considered less significant than those governed by a

treaty (a negotiation between states to reach common ground and avoid disagreements, normally ratified by the lawmaking authority of the government)

It

procedures

results

in

general

agreement

which

about

be

actions

will

or

WIPO Copyright Treaty (WCT) - special

taken on specific topics

agreement under the Berne Convention

(protection of works and the rights of the

authors in the digital environment)

Berne Convention for the protection of Literary and Artistic works

An international agreement governing copyright, which was first accepted in Berne, Switzerland, in 1886

What is a Copyright?

What is a Copyright? • Form of intellectual property • Copyright is a legal right created

Form of intellectual property

Copyright is a legal right created by the law of a country that grants the creator of an original work, exclusive rights to its use and distribution, usually for a limited time

Why Copyright?

Prevents copying and reproduction

Copyright protects and rewards creative efforts which induces the workers to create more and motivates others to create

Encourages dissemination of copyrighted work which is of public interest

What can be Copyrighted?

Books, brochures, newspapers

Theatrical works

Oral presentations

Choreographic works

Music (with or without words)

Drawings,

sculptures

Designs and photographic works

Computer programs

paintings,

buildings

and

Berne Convention contd.

Berne Convention for the Protection of Literary and Artistic Works of September 9, 1886, completed at PARIS on May 4, 1896, revised at BERLIN on November 13, 1908, completed at BERNE on March 20, 1914, and revised at ROME on June 2, 1928, at BRUSSELS on June 26, 1948, at STOCKHOLM on July 14, 1967, and at PARIS on July 24, 1971

Member countries as of Sept 2014

Albania Algeria Andorra Antigua and Barbuda Argentina Armenia Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bhutan Bolivia Bosnia and Herzegovina Botswana Brazil Brunei Bulgaria Burkina Faso Cameroon Canada Cape Verde Central African Republic Chad Chile China Colombia Comoros Congo CostaRica Coted Ivoire Croatia Cuba Cyprus Czech Republic

Ecuador Egypt El Salvador Equatorial Guinea Estonia Fiji Finland France Gabon Gambia Georgia Germany Ghana Greece Grenada Guatemala Guinea Guinea-Bissau Guyana Haiti Holy See Honduras Hungary Iceland India Indonesia Ireland Israel Italy Jamaica Japan Jordan Kazakhstan Kenya Korea Kyrgyzstan Djibouti Dominica Dominican Republic Denmark

Latvia Lebanon Lesotho Liberia Libyan Arab Jamahiriya Liechtenstein Lithuania Luxembourg Macedonia Madagascar Malawi Malaysia Mali Malta Mauritania Mauritius Mexico Micronesia Moldova Monaco Mongolia Morocco Namibia Nepal Netherlands New Zealand Nicaragua Niger Nigeria Norway Oman Pakistan Panama Paraguay Peru Philippines Poland Portugal Qatar Romania

Russian Federation Rwanda Saint Kitts and Nevis Saint Lucia Saint Vincent and Grenadines Samoa Saudi Arabia Senegal Serbia and Montenegro Singapore Slovakia Slovenia South Africa Spain Sri Lanka Sudan Suriname Swaziland Sweden Switzerland Syrian Arab Republic Tajikistan Tanzania, United Republic of Thailand Theformer Yugoslav Togo Tonga Trinidad and Tobago Tunisia Turkey Ukraine United Arab Emirates United Kingdom United States of America Uruguay Uzbekistan Venezuela Vietnam Zambia Zimbabwe

Key Features of Berne Convention

Inclusions of ‘Literary and Artistic works’

1. Books, pamphlets, writings, lectures, addresses, sermons in scientific or artistic domain

2. Dramatic, musical, choreographic works

3. Musical compositions, with or without words

4. Works of drawing, painting, architecture, sculpture, engraving and lithography; photographic works

5. Works of applied art: illustrations, maps, plans, sketches, 3D works of geography, topography, architecture

Copyrightable works of art

Copyrightable works of art
Copyrightable works of art
Copyrightable works of art
Copyrightable works of art
Map data copyright by Google
Map data copyright by Google

Map data copyright by Google

Features contd.

Translations, adaptations, arrangements of music and other alterations of a literary or artistic work shall be protected as original works without prejudice to the copyright in the original work.

work shall be protected as original works without prejudice to the copyright in the original work.

www.scoopwhoop.com

Features contd.

Collections of literary or artistic works such as encyclopedias and anthologies which, by reason of the selection and arrangement of their contents, constitute intellectual creations shall be protected as such, without prejudice to the copyright in each of the works forming part of such collections.

The works shall enjoy protection in all countries of the Union. This protection shall operate for the benefit of the author and his successors in title.

Features contd.

The term of protection granted by this Convention shall be the life of the author and fifty years after his death.

Authors of dramatic, dramatico-musical and musical works shall enjoy the exclusive right of authorizing:

1. The public performance of their works, by any means or process

2. The public communication by loudspeaker signs, sounds or

images or any means of broadcasting the work

3. The cinematographic adaptation and reproduction of these works, and their distribution

"My film is loosely based upon a short story that I read. I've credited this in the film but I haven't purchased any adaptation rights. Do I need to?"

purchased any adaptation rights. Do I need to?" • If the author has been dead for

If the author has been dead for over 70 years, the copyright has probably expired though this varies from one country's laws to another. If the copyright has not expired, it is likely that the owner of the rights will try and assert their rights over your adaptation even if it is only 'loosely based' upon the short story.

You should find out who owns the copyright and then take steps to purchase the adaptation rights.

It may not be considered infringement if 'substantial part' of the original work hasn’t been copied. However, sometimes, a part may be “substantial” even if only a little material is used. You should consider the similarities between the short story and your film.

If you do not purchase the adaptation rights, you run the risk of being sued for infringement. You may incur legal fees, a severe financial penalty and/or criminal penalties if you lose.

www.firstpost.com The Hindi version of 24, starring Anil Kapoor, is the first adaptation of the

www.firstpost.com

The Hindi version of 24, starring Anil Kapoor, is the first adaptation of the US show - 24 and its India rights were acquired from Fox and producer Howard Gordon by Anil Kapoor Films

Features contd.

The Governments of the countries of the Union reserve the right to enter into special agreements among themselves, to grant to authors more extensive rights than those granted by the Convention, or contain other provisions not contrary to this Convention

The Union shall have an Assembly consisting of all countries of the Union. The Government of each country shall be represented by one delegate, who may be assisted by alternate delegates, advisers, and experts

Relevance of Berne Convention in Biotechnology

Paper publication copyrights – Open access or subscription type

publication copyrights – Open access or subscription type www.elsevier.com • Biotechnology manuals • Sequences
publication copyrights – Open access or subscription type www.elsevier.com • Biotechnology manuals • Sequences

www.elsevier.com

Biotechnology manuals

Sequences

of

DNA

have

recognized as

protection

eligible

yet

for

to

be

widely

copyright

The

process

sequencing

sequencing

of

does

DNA

not

involve any literary work.

are

All sequences of

existing

nucleotides,

DNA

composed

of

each

of

which

is individually

not

new.

There

 

is

no

 

in

the

mere

originality copying or or

gene

compiling

of

hybrid

similar

sequences.

DNA sequence could be an original work since it would not have existed but for the toil and effort of its creators who had put in their skill and labor into the process of decoding and recoding the sequence.

vs

References

Latest text of Berne Convention (1971 Paris Act plus Appendix)

Spruson and Ferguson, 2008, Biotechnology Intellectual Property Management Manual, Australia

Andrew W. Torrance (2011) DNA Copyright. Valparaiso University Law Review, 46(1):1-41

http://www.wipo.int/treaties/en/ip/wct/

http://www.legalserviceindia.com/copyright/bern.htm

http://www.elsevier.com/about/company- information/policies/copyright

https://treaties.un.org/Pages/overview.aspx?

path=overview/definition/page1_en.xml

http://copyright.gov.in/frmFAQ.aspx

http://spicyip.com/2011/12/debate-on-copyright-for-dna-

sequences.html