26) Surprisingly then, the Berne Convention
existed for almost a century without any express requirement that member states include that right.
As applied by the majority of countries, and according to the Berne Convention
, copyright protection is obtained automatically without the need for registration or other formalities.
It was finally adopted by the US in 1988--40 years after the Berne Convention
had first imposed minimum standards intended to pressure countries to increase copyright term to life-of-the-author-plus-70 years.
137) While up to the late nineteenth century formalities were generally a prerequisite for the existence or exercise of copyrights, the 1908 revision of the Berne Convention
for the Protection of Literary and Artistic Works established that international copyright arises automatically and is enforced independently of formalities:
for the Protection of Literary and Artistic Works, the WIPO Copyright Treaty and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
According to the Court of Milan, granting copyright protection only to registered designs would be at odds with the Berne Convention
for the protection of literary and artistic works, which provides that the enjoyment and the exercise of the rights of the authors shall not be subject to any formality.
9) Therefore, this Article will analyze two intellectual property examples, one from Berne Convention
and the other from the Paris Convention, where state law supplements federal law to provide the minimum level of legal protection required under each treaty.
1) This periodisation starts with the Foundation Stage in the 1950s, continues into the Primitive Stage lasting until 1980, to be succeeded by the Formalization Stage which followed the American ratification of the Berne Convention
on Copyright in 1988.
Bonnet says the call for the cut in the copyright term to life plus 50 years would fall within the remit of the Berne Convention
for the Protection of Literary and Artistic Works.
The country, however, has not adhered to the Berne Convention
, the TRIPS Agreement, and the WIPO Internet treaties (the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty) which would have extended protections to non-hosted Internet-based piracy, unauthorized camcording of motion pictures, or the unlawful dissemination of decrypted broadcast content.
The instruments presented are the Paris Convention for the Protection of Industrial Property; the Berne Convention
for the Protection of Literary and Artistic Rights; the Universal Declaration of Human Rights; the International Covenant on Economic, Social and Cultural Rights; and the Agreement on Trade-Related Aspects of Intellectual Property Rights.
The Paris Convention + a plus and the Berne Convention
+ a set out some practical enforcement provisions, a dispute settlement mechanism and most-favored-nation treatment.