چکیده:
The Berne Convention for the Protection of Literary and Artistic Works was born in 1886 and came into force on December 5, 1887. This convention has been amended several times since its ratification, including the Rome Revision of 1928, the Brussels Revision of 1948, the Stockholm Revision of 1967, and the latest Paris Revision of 1971. The Berne Convention is the first and most important comprehensive international document in the field of creators' rights. This document forms the foundation of the field of intellectual property law. The convention pioneered the creation of a hypothetical union, which, on the one hand, applies the fundamental rule of "treating union members as national members," and, on the other hand, establishes a series of mandatory protective principles and rules called "minimum treaty rights." The principle of protection without formalities, recognition of moral rights, the principle of exclusive right of reproduction, translation, adaptation, publication, radio broadcasting, and pursuit for authors are important achievements of this convention in the history of intellectual property rights. This convention has been considered and emphasized in the enactment of other subsequent treaties. A condition for joining the Agreement on Trade-Related Aspects of Intellectual Property Rights approved in 1994, which is now a comprehensive document, is the acceptance of Articles 1 to 21 of the Berne Convention. A necessary condition for countries to join the World Trade Organization is also the acceptance and implementation of the aforementioned agreement. Therefore, the Berne Convention is more globally important than ever, both culturally and economically.
خلاصه ماشینی:
Article 6: Possibility of Limiting Protection with Respect to Certain Works of Nationals of Certain Non-Union Countries: 1.
7) Determining the scope of application of the laws of countries to works of applied art and designs and models, as well as determining the conditions for protection of these works, designs and models, is within the competence of the legislatures of the member countries, in compliance with the provisions of paragraph 4 of Article 7 of this Convention.
Right to Assemble These Works in a Collection] 1) The legislators of the member countries are authorized to remove part or all of the protection provided for in the previous article with respect to political speeches and speeches delivered during judicial proceedings.
2) Furthermore, the legislatures of the member countries are authorized to specify conditions under which conferences, addresses and other works of a similar nature delivered to the public may be reproduced by the press or broadcast by radio or by wired means to the public and be subject to the public information provision in paragraph 1 of Article 11 bis of this treaty, when such use is justified by the aim of informing the public.
3) The countries of the Union which limit the protection of the rights of authors of literary and artistic works under this Article shall notify the Director-General of the World Intellectual Property Organization (hereinafter referred to as “the Director-General”) in writing, indicating which countries and which rights of nationals of those countries are subject to and covered by this limitation.