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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*


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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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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