What is Intellectual Property? Section 6.

The use of property bears a social

function, and all economic agents shall contribute
Intellectual property (IP) refers to creations of the to the common good. Individuals and private
mind, such as inventions; literary and artistic works; groups, including corporations, cooperatives, and
designs; and symbols, names and images used in similar collective organizations, shall have the right
commerce. to own, establish, and operate economic
enterprises, subject to the duty of the State to
SECTION 2. Declaration of State Policy. - The promote distributive justice and to intervene when
State recognizes that an effective intellectual and the common good so demands.
industrial property system is vital to the
development of domestic and creative activity, Section 14. The sustained development of a
facilitates transfer of technology, attracts foreign reservoir of national talents consisting of Filipino
investments, and ensures market access for our scientists, entrepreneurs, professionals, managers,
products. It shall protect and secure the exclusive high-level technical manpower and skilled workers
rights of scientists, inventors, artists and other and craftsmen in all fields shall be promoted by the
gifted citizens to their intellectual property and State. The State shall encourage appropriate
creations, particularly when beneficial to the technology and regulate its transfer for the national
people, for such periods as provided in this Act. benefit. The practice of all professions in the
Philippines shall be limited to Filipino citizens, save
The use of intellectual property bears a social in cases prescribed by law.
function. To this end, the State shall promote the
diffusion of knowledge and information for the ARTICLE XIV
promotion of national development and progress
and the common good. EDUCATION, SCIENCE AND TECHNOLOGY,
ARTS, CULTURE AND SPORTS
It is also the policy of the State to streamline
administrative procedures of registering patents, SCIENCE AND TECHNOLOGY
trademarks and copyright, to liberalize the
registration on the transfer of technology, and to Section 10. Science and technology are essential
enhance the enforcement of intellectual property for national development and progress. The State
rights in the Philippines. (n) shall give priority to research and development,
invention, innovation, and their utilization; and to
Rationale behind the Intellectual Property Code science and technology education, training, and
services. It shall support indigenous, appropriate,
and self-reliant scientific and technological
capabilities, and their application to the country's
The Intellectual Property Code (IPC) gives life to productive systems and national life.
Sec. 13, Art. XIV of the Constitution which
mandates that the State shall protect and secure Section 11. The Congress may provide for
the exclusive rights of scientists, investors, artists incentives, including tax deductions, to encourage
and other gifted citizens to their intellectual property private participation in programs of basic and
and creations, particularly when beneficial to the applied scientific research. Scholarships, grants-in-
people, for such period as may be provided by law. aid, or other forms of incentives shall be provided to
deserving science students, researchers, scientists,
The State recognizes that an effective intellectual inventors, technologists, and specially gifted
and industrial property system is vital to the citizens.
development of domestic and creative activity,
facilitates transfers of technology and attracts Section 12. The State shall regulate the transfer
foreign investments; and ensures market access for and promote the adaptation of technology from all
our products (IPC, Sec. 2). sources for the national benefit. It shall encourage
the widest participation of private groups, local
CONSTITUTION governments, and community-based organizations
in the generation and utilization of science and
ART XII technology.

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 Section 13. The State shall protect and secure the They may also be acquired by means of
exclusive rights of scientists, inventors, artists, and prescription. (609a)
other gifted citizens to their intellectual property and
creations, particularly when beneficial to the Article 721. By intellectual creation, the following
people, for such period as may be provided by law. persons acquire ownership:

ARTS AND CULTURE (1) The author with regard to his literary,
dramatic, historical, legal, philosophical,
Section 14. The State shall foster the preservation, scientific or other work;
enrichment, and dynamic evolution of a Filipino
national culture based on the principle of unity in (2) The composer; as to his musical
diversity in a climate of free artistic and intellectual composition;
expression.
(3) The painter, sculptor, or other artist, with
Section 15. Arts and letters shall enjoy the respect to the product of his art;
patronage of the State. The State shall conserve,
promote, and popularize the nation's historical and (4) The scientist or technologist or any other
cultural heritage and resources, as well as artistic person with regard to his discovery or
creations. invention. (n)

Section 16. All the country's artistic and historic Article 722. The author and the composer,
wealth constitutes the cultural treasure of the nation mentioned in Nos. 1 and 2 of the preceding article,
and shall be under the protection of the State which shall have the ownership of their creations even
may regulate its disposition. before the publication of the same. Once their
works are published, their rights are governed by
Section 17. The State shall recognize, respect, and the Copyright laws.
protect the rights of indigenous cultural
communities to preserve and develop their cultures, The painter, sculptor or other artist shall have
traditions, and institutions. It shall consider these dominion over the product of his art even before it
rights in the formulation of national plans and is copyrighted.
policies.
The scientist or technologist has the ownership of
Section 18. his discovery or invention even before it is
patented. (n)
1. The State shall ensure equal access to
cultural opportunities through the Article 723. Letters and other private
educational system, public or private communications in writing are owned by the person
cultural entities, scholarships, grants and to whom they are addressed and delivered, but
other incentives, and community cultural they cannot be published or disseminated without
centers, and other public venues. the consent of the writer or his heirs. However, the
court may authorize their publication or
2. The State shall encourage and support dissemination if the public good or the interest of
researches and studies on the arts and justice so requires. (n)
culture.
Article 724. Special laws govern copyright and
CIVIL CODE patent. (429a)

Article 712. Ownership is acquired by occupation Article 520. A trade-mark or trade-name duly
and by intellectual creation. registered in the proper government bureau or
office is owned by and pertains to the person,
Ownership and other real rights over property are corporation, or firm registering the same, subject to
acquired and transmitted by law, by donation, by the provisions of special laws. (n)
testate and intestate succession, and in
consequence of certain contracts, by tradition. Article 521. The goodwill of a business is property,
and may be transferred together with the right to

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 use the name under which the business is and to share in scientific advancement and its
conducted. (n) benefits.

Article 522. Trade-marks and trade-names are

governed by special laws. (n) (2) Everyone has the right to the protection of the
moral and material interests resulting from any
UNIVERSAL DECLARATION OF HUMAN RIGHTS scientific, literary or artistic production of which he
is the author.
Article 17.
  Article 29.
 
(1) Everyone has the right to own property alone as
well as in association with others. (1) Everyone has duties to the community in which
(2) No one shall be arbitrarily deprived of his alone the free and full development of his
property. personality is possible.

Article 19.
  (2) In the exercise of his rights and freedoms,
everyone shall be subject only to such limitations
Everyone has the right to freedom of opinion and as are determined by law solely for the purpose of
expression; this right includes freedom to hold securing due recognition and respect for the rights
opinions without interference and to seek, receive and freedoms of others and of meeting the just
and impart information and ideas through any requirements of morality, public order and the
media and regardless of frontiers. general welfare in a democratic society.
Article 26.
  (3) These rights and freedoms may in no case be
exercised contrary to the purposes and principles of
(1) Everyone has the right to education. Education the United Nations.
shall be free, at least in the elementary and
fundamental stages. Elementary education shall be Berne Convention for the Protection of Literary
compulsory. Technical and professional education and Artistic Works
shall be made generally available and higher
education shall be equally accessible to all on the The Berne Convention, adopted in 1886, deals with
basis of merit. the protection of works and the rights of their
authors. It provides creators such as authors,
musicians, poets, painters etc. with the means to
(2) Education shall be directed to the full control how their works are used, by whom, and on
development of the human personality and to the what terms. It is based on three basic principles
strengthening of respect for human rights and and contains a series of provisions determining the
fundamental freedoms. It shall promote minimum protection to be granted, as well as
understanding, tolerance and friendship among all special provisions available to developing countries
nations, racial or religious groups, and shall further that want to make use of them.
the activities of the United Nations for the
maintenance of peace. Summary of the Berne Convention for the
Protection of Literary and Artistic Works (1886)
(3) Parents have a prior right to choose the kind of
The Berne Convention deals with the protection of
education that shall be given to their children.
works and the rights of their authors. It is based on
three basic principles and contains a series of
Article 27.
provisions determining the minimum protection to
 
be granted, as well as special provisions available
to developing countries that want to make use of
(1) Everyone has the right freely to participate in
them.
the cultural life of the community, to enjoy the arts

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 (1) The three basic principles are the following: equitable remuneration instead of a right of
authorization),
(a) Works originating in one of the Contracting
States (that is, works the author of which is a the right to make reproductions in any manner or
national of such a State or works first published in form (with the possibility that a Contracting State
such a State) must be given the same protection in may permit, in certain special cases, reproduction
each of the other Contracting States as the latter without authorization, provided that the
grants to the works of its own nationals (principle of reproduction does not conflict with the normal
"national treatment") [1]. exploitation of the work and does not unreasonably
prejudice the legitimate interests of the author; and
(b) Protection must not be conditional upon the possibility that a Contracting State may provide,
compliance with any formality (principle of in the case of sound recordings of musical works,
"automatic" protection) [2]. for a right to equitable remuneration),

(c) Protection is independent of the existence of the right to use the work as a basis for an
protection in the country of origin of the work audiovisual work, and the right to reproduce,
(principle of "independence" of protection). If, distribute, perform in public or communicate to the
however, a Contracting State provides for a longer public that audiovisual work [4].
term of protection than the minimum prescribed by
the Convention and the work ceases to be The Convention also provides for "moral rights",
protected in the country of origin, protection may be that is, the right to claim authorship of the work and
denied once protection in the country of origin the right to object to any mutilation, deformation or
ceases [3]. other modification of, or other derogatory action in
relation to, the work that would be prejudicial to the
(2) The minimum standards of protection relate to author's honor or reputation.
the works and rights to be protected, and to the
duration of protection: (c) As to the duration of protection, the general rule
is that protection must be granted until the
(a) As to works, protection must include "every expiration of the 50th year after the author's death.
production in the literary, scientific and artistic There are, however, exceptions to this general rule.
domain, whatever the mode or form of its In the case of anonymous or pseudonymous works,
expression" (Article 2(1) of the Convention). the term of protection expires 50 years after the
work has been lawfully made available to the
(b) Subject to certain allowed reservations, public, except if the pseudonym leaves no doubt as
limitations or exceptions, the following are among to the author's identity or if the author discloses his
the rights that must be recognized as exclusive or her identity during that period; in the latter case,
rights of authorization: the general rule applies. In the case of audiovisual
(cinematographic) works, the minimum term of
the right to translate, protection is 50 years after the making available of
the work to the public ("release") or – failing such
the right to make adaptations and arrangements of an event – from the creation of the work. In the
the work, case of works of applied art and photographic
works, the minimum term is 25 years from the
creation of the work [5].
the right to perform in public dramatic, dramatico-
musical and musical works,
(3) The Berne Convention allows certain limitations
and exceptions on economic rights, that is, cases in
the right to recite literary works in public,
which protected works may be used without the
authorization of the owner of the copyright, and
the right to communicate to the public the without payment of compensation. These
performance of such works, limitations are commonly referred to as "free uses"
of protected works, and are set forth in Articles 9(2)
the right to broadcast (with the possibility that a (reproduction in certain special cases), 10
Contracting State may provide for a mere right to (quotations and use of works by way of illustration

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 for teaching purposes), 10bis (reproduction of application of the TRIPS Agreement does not apply
newspaper or similar articles and use of works for to national treatment and most-favored obligations.
the purpose of reporting current events) and
11bis(3) (ephemeral recordings for broadcasting [2] Idem.
purposes).
[3] Idem.
(4) The Appendix to the Paris Act of the Convention
also permits developing countries to implement [4] Under the TRIPS Agreement, an exclusive right
non-voluntary licenses for translation and of rental must be recognized in respect of computer
reproduction of works in certain cases, in programs and, under certain conditions, audiovisual
connection with educational activities. In these works.
cases, the described use is allowed without the
authorization of the right holder, subject to the [5] Under the TRIPS Agreement, any term of
payment of remuneration to be fixed by the law. protection that is calculated on a basis other than
the life of a natural person must be at least 50
The Berne Union has an Assembly and an years from the first authorized publication of the
Executive Committee. Every country that is a work, or – failing such an event – 50 years from the
member of the Union and has adhered to at least making of the work. However, this rule does not
the administrative and final provisions of the apply to photographic works, or to works of applied
Stockholm Act is a member of the Assembly. The art.
members of the Executive Committee are elected
from among the members of the Union, except for [6] It is to be noted that WTO Members, even those
Switzerland, which is a member ex officio. not party to the Berne Convention, must comply
with the substantive law provisions of the Berne
The establishment of the biennial program and Convention, except that WTO Members not party to
budget of the WIPO Secretariat – as far as the the Convention are not bound by the moral rights
Berne Union is concerned – is the task of its provisions of the Convention.
Assembly.
Rome Convention for the Protection of
The Berne Convention, concluded in 1886, was Performers, Producers of Phonograms and
revised at Paris in 1896 and at Berlin in 1908, Broadcasting Organizations
completed at Berne in 1914, revised at Rome in
1928, at Brussels in 1948, at Stockholm in 1967 The Rome Convention secures protection in
and at Paris in 1971, and was amended in 1979. performances for performers, in phonograms for
producers of phonograms and in broadcasts for
The Convention is open to all States. Instruments broadcasting organizations. WIPO is responsible
of ratification or accession must be deposited with for the administration of the convention jointly with
the Director General of WIPO [6]. the International Labour Organization (ILO) and the
United Nations Educational, Scientific and Cultural
Organization (UNESCO).

[1] Under the Agreement on Trade-Related Aspects Summary of the Rome Convention for the
of Intellectual Property Rights (TRIPS Agreement), Protection of Performers, Producers of
the principles of national treatment, automatic Phonograms and Broadcasting Organisations
protection and independence of protection also (1961)
bind those World Trade Organization (WTO)
Members not party to the Berne Convention. In The Rome Convention secures protection in
addition, the TRIPS Agreement imposes an performances for performers, in phonograms for
obligation of "most-favored-nation treatment", under producers of phonograms and in broadcasts for
which advantages accorded by a WTO Member to broadcasting organizations.
the nationals of any other country must also be
accorded to the nationals of all WTO Members. It is (1) Performers (actors, singers, musicians, dancers
to be noted that the possibility of delayed and those who perform literary or artistic works) are
protected against certain acts to which they have

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 not consented, such as the broadcasting and protection, at least for phonograms and
communication to the public of a live performance; performances.
the fixation of the live performance; the
reproduction of the fixation if the original fixation WIPO is responsible, jointly with the International
was made without the performer's consent or if the Labour Organization (ILO) and the United Nations
reproduction was made for purposes different from Educational, Scientific and Cultural Organization
those for which consent was given. (UNESCO), for the administration of the Rome
Convention. These three organizations constitute
(2) Producers of phonograms have the right to the Secretariat of the Intergovernmental Committee
authorize or prohibit the direct or indirect set up under the Convention consisting of the
reproduction of their phonograms. In the Rome representatives of 12 Contracting States.
Convention, “phonograms” means any exclusively
aural fixation of sounds of a performance or of The Convention does not provide for the institution
other sounds. Where a phonogram published for of a Union or budget. It establishes an
commercial purposes gives rise to secondary uses Intergovernmental Committee composed of
(such as broadcasting or communication to the Contracting States that considers questions
public in any form), a single equitable remuneration concerning the Convention [1].
must be paid by the user to the performers, to the
producers of the phonograms, or to both. This Convention is open to States party to the
Contracting States are free, however, not to apply Berne Convention for the Protection of Literary and
this rule or to limit its application. Artistic Works (1886) or to the Universal Copyright
Convention. Instruments of ratification or accession
(3) Broadcasting organizations have the right to must be deposited with the Secretary-General of
authorize or prohibit certain acts, namely the the United Nations. States may make reservations
rebroadcasting of their broadcasts; the fixation of with regard to the application of certain provisions.
their broadcasts; the reproduction of such fixations;
the communication to the public of their television [1] The TRIPS Agreement also contains provisions
broadcasts if such communication is made in on the protection of related rights. These provisions
places accessible to the public against payment of are different, in several respects, from those
an entrance fee. contained in the Rome Convention and in the
Geneva Convention for the Protection of Producers
The Rome Convention allows for limitations and of Phonograms Against Unauthorized Duplication
exceptions to the above-mentioned rights in of Their Phonograms (1971).
national laws as regards private use, use of short
excerpts in connection with reporting current WIPO Copyright Treaty (WCT)
events, ephemeral fixation by a broadcasting
organization by means of its own facilities and for The WIPO Copyright Treaty (WCT) is a special
its own broadcasts, use solely for the purpose of agreement under the Berne Convention which
teaching or scientific research and in any other deals with the protection of works and the rights of
cases where national law provides exceptions to their authors in the digital environment. In addition
copyright in literary and artistic works. Furthermore, to the rights recognized by the Berne Convention,
once a performer has consented to the they are granted certain economic rights. The
incorporation of a performance in a visual or Treaty also deals with two subject matters to be
audiovisual fixation, the provisions on performers' protected by copyright: (i) computer programs,
rights have no further application. whatever the mode or form of their expression; and
(ii) compilations of data or other material
As to duration, protection must last at least until the ("databases").
end of a 20-year period computed from the end of
the year in which (a) the fixation was made, for Summary of the WIPO Copyright Treaty (WCT)
phonograms and for performances incorporated (1996)
therein; (b) the performance took place, for
performances not incorporated in phonograms; (c) The WIPO Copyright Treaty (WCT) is a special
the broadcast took place. However, national laws agreement under the Berne Convention that deals
increasingly provide for a 50-year term of with the protection of works and the rights of their

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 authors in the digital environment. Any Contracting Statement accompanying the WCT provides that
Party (even if it is not bound by the Berne such limitations and exceptions, as established in
Convention) must comply with the substantive national law in compliance with the Berne
provisions of the 1971 (Paris) Act of the Berne Convention, may be extended to the digital
Convention for the Protection of Literary and Artistic environment. Contracting States may devise new
Works (1886). Furthermore, the WCT mentions two exceptions and limitations appropriate to the digital
subject matters to be protected by copyright: (i) environment. The extension of existing or the
computer programs, whatever the mode or form of creation of new limitations and exceptions is
their expression; and (ii) compilations of data or allowed if the conditions of the "three-step" test are
other material ("databases"), in any form, which, by met.
reason of the selection or arrangement of their
contents, constitute intellectual creations. (Where a As to duration, the term of protection must be at
database does not constitute such a creation, it is least 50 years for any kind of work.
outside the scope of this Treaty.)
The enjoyment and exercise of the rights provided
As to the rights granted to authors, apart from the for in the Treaty cannot be subject to any formality.
rights recognized by the Berne Convention, the
Treaty also grants: (i) the right of distribution; (ii) the The Treaty obliges Contracting Parties to provide
right of rental; and (iii) a broader right of legal remedies against the circumvention of
communication to the public. technological measures (e.g., encryption) used by
authors in connection with the exercise of their
The right of distribution is the right to authorize the rights, and against the removal or altering of
making available to the public of the original and information, such as certain data that identify works
copies of a work through sale or other transfer of or their authors, necessary for the management
ownership. (e.g., licensing, collecting and distribution of
royalties) of their rights ("rights management
The right of rental is the right to authorize information").
commercial rental to the public of the original and
copies of three kinds of works: (i) computer The Treaty obliges each Contracting Party to adopt,
programs (except where the computer program in accordance with its legal system, the measures
itself is not the essential object of the rental); (ii) necessary to ensure the application of the Treaty.
cinematographic works (but only in cases where In particular, each Contracting Party must ensure
commercial rental has led to widespread copying of that enforcement procedures are available under its
such works, materially impairing the exclusive right law so as to permit effective action against any act
of reproduction); and (iii) works embodied in of infringement of rights covered by the Treaty.
phonograms as determined in the national law of Such action must include expeditious remedies to
Contracting Parties (except for countries which, prevent infringement as well as remedies that
since April 15, 1994, have had a system in force for constitute a deterrent to further infringement.
equitable remuneration of such rental).
The Treaty establishes an Assembly of the
The right of communication to the public is the right Contracting Parties whose main task is to address
to authorize any communication to the public, by matters concerning the maintenance and
wire or wireless means, including "the making development of the Treaty. It entrusts to the
available to the public of works in a way that the Secretariat of WIPO the administrative tasks
members of the public may access the work from a concerning the Treaty.
place and at a time individually chosen by them".
The quoted expression covers, in particular, on- The Treaty was concluded in 1996 and entered into
demand, interactive communication through the force in 2002.
Internet.
The Treaty is open to States members of WIPO
As to limitations and exceptions, Article 10 of the and to the European Community. The Assembly
WCT incorporates the so-called "threestep" test to constituted by the Treaty may decide to admit other
determine limitations and exceptions, as provided intergovernmental organizations to become party to
for in Article 9(2) of the Berne Convention, the Treaty. Instruments of ratification or accession
extending its application to all rights. The Agreed

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 must be deposited with the Director General of The right of making available is the right to
WIPO. authorize the making available to the public, by wire
or wireless means, of any performance fixed in a
WIPO Performances and Phonograms Treaty phonogram, in such a way that members of the
public may access the fixed performance from a
The WIPO Performances and Phonograms Treaty place and at a time individually chosen by them.
(WPPT) deals with the rights of two kinds of This right covers, in particular, on-demand,
beneficiaries, particularly in the digital environment: interactive making available through the Internet.
(i) performers (actors, singers, musicians, etc.); and
(ii) producers of phonograms (persons or legal As to unfixed (live) performances, the Treaty grants
entities that take the initiative and have the performers: (i) the right of broadcasting (except in
responsibility for the fixation of sounds). the case of rebroadcasting); (ii) the right of
communication to the public (except where the
Summary of the WIPO Performances and performance is a broadcast performance); and (iii)
Phonograms Treaty (WPPT) (1996) the right of fixation.

The WIPO Performances and Phonograms Treaty The Treaty also grants performers moral rights, that
(WPPT) deals with the rights of two kinds of is, the right to claim to be identified as the
beneficiaries, particularly in the digital environment: performer and the right to object to any distortion,
(i) performers (actors, singers, musicians, etc.); and mutilation or other modification that would be
(ii) producers of phonograms (persons or legal prejudicial to the performer's reputation.
entities that take the initiative and have the
responsibility for the fixation of sounds). These As far as producers of phonograms are concerned,
rights are addressed in the same instrument, the Treaty grants them economic rights in their
because most of the rights granted by the Treaty to phonograms: (i) the right of reproduction; (ii) the
performers are rights connected to their fixed, right of distribution; (iii) the right of rental; and (iv)
purely aural performances (which are the subject the right of making available.
matter of phonograms).
The right of reproduction is the right to authorize
As far as performers are concerned, the Treaty direct or indirect reproduction of the phonogram in
grants performers economic rights in their any manner or form.
performances fixed in phonograms (not in
audiovisual fixations, such as motion pictures): (i) The right of distribution is the right to authorize the
the right of reproduction; (ii) the right of distribution; making available to the public of the original and
(iii) the right of rental; and (iv) the right of making copies of the phonogram through sale or other
available. transfer of ownership.

The right of reproduction is the right to authorize The right of rental is the right to authorize the
direct or indirect reproduction of the phonogram in commercial rental to the public of the original and
any manner or form. copies of the phonogram, as determined in the
national law of the Contracting Parties (except for
The right of distribution is the right to authorize the countries that, since April 15, 1994, have a system
making available to the public of the original and in force for equitable remuneration of such rental).
copies of the phonogram through sale or other
transfer of ownership. The right of making available is the right to
authorize making available to the public, by wire or
The right of rental is the right to authorize the wireless means, a phonogram in such a way that
commercial rental to the public of the original and members of the public may access the phonogram
copies of the phonogram, as determined in the from a place and at a time individually chosen by
national law of the Contracting Parties (except for them. This right covers, in particular, on-demand,
countries that, since April 15, 1994, have had a interactive making available through the Internet.
system in force for equitable remuneration of such
rental). The Treaty provides that performers and producers
of phonograms have the right to a single equitable
remuneration for the direct or indirect use of

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 phonograms, published for commercial purposes, The Treaty establishes an Assembly of the
broadcasting or communication to the public. Contracting Parties whose main task is to address
However, any Contracting Party may restrict or – matters concerning the maintenance and
provided that it makes a reservation to the Treaty – development of the Treaty. It entrusts to the
deny this right. In the case and to the extent of a Secretariat of WIPO the administrative tasks
reservation by a Contracting Party, the other concerning the Treaty.
Contracting Parties are permitted to deny, vis-à-vis
the reserving Contracting Party, national treatment The Treaty was concluded in 1996 and entered into
("reciprocity"). force in 2002.

As to limitations and exceptions, Article 16 of the The Treaty is open to States members of WIPO
WPPT incorporates the so-called "threestep" test to and to the European Community. The Assembly
determine limitations and exceptions, as provided constituted by the Treaty may decide to admit other
for in Article 9(2) of the Berne Convention, intergovernmental organizations to become party to
extending its application to all rights. The the Treaty. Instruments of ratification or accession
accompanying Agreed Statement provides that must be deposited with the Director General of
such limitations and exceptions, as established in WIPO.
national law in compliance with the Berne
Convention, may be extended to the digital
environment. Contracting States may devise new
exceptions and limitations appropriate to the digital
environment. The extension of existing or the
creation of new limitations and exceptions is
allowed if the conditions of the "three-step" test are
met.

The term of protection must be at least 50 years.

The enjoyment and exercise of the rights provided

for in the Treaty cannot be subject to any formality.

The Treaty obliges Contracting Parties to provide

for legal remedies against the circumvention of
technological measures (e.g., encryption) used by
performers or phonogram producers in connection
with the exercise of their rights, and against the
removal or altering of information – such as the
indication of certain data that identify the performer,
performance, producer of the phonogram and the
phonogram itself – necessary for the management
(e.g., licensing, collecting and distribution of
royalties) of the said rights ("rights management
information").

The Treaty obliges each Contracting Party to adopt,

in accordance with its legal system, the measures
necessary to ensure the application of the Treaty.
In particular, each Contracting Party must ensure
that enforcement procedures are available under its
law so as to permit effective action against any act
of infringement of rights covered by the Treaty.
Such action must include expeditious remedies to
prevent infringement as well as remedies that
constitute a deterrent to further infringement.

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