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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 and Petros C. Mavroidis
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

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      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*
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      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*
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      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*
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Copyright
References
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Chin, Judith and Grossman, Gene M. 1990. Intellectual Property Rights and North South Trade. Pp. 90107 in Jones, R.W. and Krueger, A.O., eds. The Political Economy of International Trade. Cambridge MA: Basil Blackwell Publishers.
Deardorff, Alan V. 1992. Welfare Effects of Global Patent Protection. Economica 59: 3551.
Diwan, Ishac and Rodrik, Dani. 1991. Patents, Appropriate Technology, and North-South Trade. Journal of International Economics 30: 2748.
Grossman, Gene M. and Lai, Edwin L.-C. 2002. International Protection of Intellectual Property. NBER Working Paper No. 8704.
Helpman, Elhanan. 1993. Innovation, Imitation, and Intellectual Property Rights. Econometrica 61: 12471280.
Maskus, Keith E. 2000. Intellectual Property Rights in the Global Economy. Washington DC: The Institute for International Economics.
Scotchmer, Suzanne. 2002. The Political Economy of Intellectual Property Treaties. NBER Working Paper No. 9114.
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World Trade Review
  • ISSN: 1474-7456
  • EISSN: 1475-3138
  • URL: /core/journals/world-trade-review
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