most-favored-nation treatment. Intellectual property. The practice or policy of automatically and unconditionally granting any intellectual-property protection, advantage, favor, privilege, or immunity that by treaty is extended to nationals of any member country to the nationals of all member countries. • This treatment is incorporated into the TRIPs Agreement. — Abbr. MFN treatment.
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Berne-minus, adj. Copyright. Of or relating to the second sentence of Art. 9(1) of the TRIPs Agreement, which provides that intellectual-property rights and duties under the Berne Convention will not be expressly enforced on noncomplying signators through the TRIPs Agreement. U.S. reluctance to expressly protect moral rights of authors and artists has been criticized as
Rome Convention on Related Rights. Copyright. A 1961 treaty setting minimum standards for neighboring rights of performers, producers, and broadcasters. • The United States is not a signatory. Neighboring rights were not protected under the Paris Convention or the Berne Convention. They are part of the copyright protection under TRIPs. — Often shortened to Rome
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three-step test. Copyright. An analysis of an infringement defense under TRIPs and the Berne Convention, looking at whether the defendant’s use of a protected work (1) is inherently limited to special cases, (2) did not conflict with the owner’s normal exploitation of the work, and (3) did not unreasonably prejudice the legitimate interests of the
Intellectual property. The policy or practice of a country that accords the citizens of other countries the same intellectual-property protection as it gives its own citizens, with no formal treaty of reciprocity required. • The principle of national treatment underlay the first international intellectual-property treaties in the 19th century, the Paris and Berne Conventions, and
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reverse consensus. Intellectual property. In a dispute-settlement procedure under TRIPs, an agreement between the parties that a dispute should not be submitted to a World Trade Organization panel for adjudication. • Before TRIPs, any party could delay formation of a WTO panel or adoption of its report by withholding consensus. Under TRIPs, each process is
WIPO Copyright Treaty. A 1996 treaty that made changes in the Berne Convention in light of the TRIPs Agreement and dealt with new copyright issues raised by the emergence of the Internet and other digital tech-nology. • The WIPO Treaty expressly protects computer software and databases and expressly excludes from protection “ideas, procedures, methods of
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