Morgan, Owen --- "The Protection of ‘Related Rights’ in TRIPS and the WIPO Performances and Phonograms Treaty" [2010] ELECD 453; in Correa, M. Carlos (ed), "Research Handbook on the Protection of Intellectual Property under WTO Rules" (Edward Elgar Publishing, 2010)

Book Title: Research Handbook on the Protection of Intellectual Property under WTO Rules

Editor(s): Correa, M. Carlos

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847209047

Section: Chapter 12

Section Title: The Protection of ‘Related Rights’ in TRIPS and the WIPO Performances and Phonograms Treaty

Author(s): Morgan, Owen

Number of pages: 29

Extract:

12 The protection of `related rights' in
TRIPS and the WIPO Performances and
Phonograms Treaty
Owen Morgan


Introduction
This chapter discusses the international intellectual property rights of
members of three key groups within the entertainment industry, namely,
broadcasters, producers of phonograms and performers. The first two
provide investment and entrepreneurial drive, while performers are, of
course, an essential element in the industry. The intellectual property
rights of the three are commonly grouped together and referred to as
`neighbouring rights' or `related rights'.1
Article 5 of the Agreement on Trade-related Aspects of Intellectual
Property Rights, Annex 1C to the Agreement Establishing the World
Trade Organization, done at Marrakesh on April 15, 1994 (`TRIPS')
states that `The protection and enforcement of intellectual property
rights should contribute to the promotion of technological innovation
and to the transfer and dissemination of technology'. This was a sur-
prisingly forward-thinking statement because the period since TRIPS
was concluded has been one of sustained technological advance. The
entertainment industry, which employs the technology of sound record-
ing and broadcasting, is an industry that has been marked by significant
technological development. The value of the investment in the entertain-
ment industry has meant that investors, rights holders and potential rights
holders have sought to increase the level of protection afforded to their
investments and the United States government, for one, has regarded their
efforts favourably.2


1
`"Neighbouring rights" is a term that in its narrow sense covers the rights
of performers, producers of phonograms ...