US – Section 110(5) Copyright Act: United States – Section 110(5) of the US Copyright Act, Recourse to Arbitration under Article 25 of the DSU: Would’ve or Should’ve? Impaired Benefits due to Copyright Infringement*

Gene M. Grossman; Petros C. Mavroidis

doi:10.1017/S1474745603001149

Extract

This dispute between the European Communities and the United States originated when the United States amended its copyright law in a way that nullified and impaired certain benefits promised to the European Communities under the Agreement on Trade Related Aspects of Intellectual Property (TRIPs). Article 9.1 of TRIPs requires all WTO members to comply with Articles 1 through 21 of the Berne Convention of 1971. Among the provisions of the Berne Convention thus incorporated into the TRIPs Agreement is one that grants to authors of literary and artistic works the exclusive right to authorize “the public communication by loudspeaker or any analogous instrument transmitting, by signs, sounds or images, the broadcast of the work,” and another that grants to authors of dramatic and musical works the exclusive right to authorize “any communication to the public of the performance of these works.”1

References

Chin, Judith and Grossman, Gene M. 1990. Intellectual Property Rights and North South Trade. Pp. 90–107 in Jones, R.W. and Krueger, A.O., eds. The Political Economy of International Trade. Cambridge MA: Basil Blackwell Publishers.Google Scholar

Deardorff, Alan V. 1992. Welfare Effects of Global Patent Protection. Economica 59: 35–51.CrossRef Google Scholar

Diwan, Ishac and Rodrik, Dani. 1991. Patents, Appropriate Technology, and North-South Trade. Journal of International Economics 30: 27–48.CrossRef Google Scholar

Grossman, Gene M. and Lai, Edwin L.-C. 2002. International Protection of Intellectual Property. NBER Working Paper No. 8704.Google Scholar

Helpman, Elhanan. 1993. Innovation, Imitation, and Intellectual Property Rights. Econometrica 61: 1247–1280.CrossRef Google Scholar

Maskus, Keith E. 2000. Intellectual Property Rights in the Global Economy. Washington DC: The Institute for International Economics.Google Scholar

Scotchmer, Suzanne. 2002. The Political Economy of Intellectual Property Treaties. NBER Working Paper No. 9114.Google Scholar

Please list any fees and grants from, employment by, consultancy for, shared ownership in or any close relationship with, at any time over the preceding 36 months, any organisation whose interests may be affected by the publication of the response. Please also list any non-financial associations or interests (personal, professional, political, institutional, religious or other) that a reasonable reader would want to know about in relation to the submitted work. This pertains to all the authors of the piece, their spouses or partners.

Article contents

US – Section 110(5) Copyright Act: United States – Section 110(5) of the US Copyright Act, Recourse to Arbitration under Article 25 of the DSU: Would’ve or Should’ve? Impaired Benefits due to Copyright Infringement*

Extract

References

Full text views

This article has been cited by the following publications. This list is generated based on data provided by CrossRef.

Article contents

US – Section 110(5) Copyright Act: United States – Section 110(5) of the US Copyright Act, Recourse to Arbitration under Article 25 of the DSU: Would’ve or Should’ve? Impaired Benefits due to Copyright Infringement*

Extract

References

Full text views

Send article to Kindle

Send article to Dropbox

Send article to Google Drive

Reply to: Submit a response

Your details

Conflicting interests