3. WHAT IS WCT?
• International treaty on copyright law adopted by
the member states of the World Intellectual
Property Organization (WIPO) in 1996.
• The WCT is a special agreement under the Berne
Convention. Any Contracting Party (even if it is
not bound by the Berne Convention) must
comply with the substantive provisions of the
1971 (Paris) Act of the Berne Convention for the
Protection of Literary and Artistic Works (1886)
• Contracting Parties (90 countries as of December
2012) – from around 37 in 2002
4. THE PREAMBLE OF WIPO:
• Outlines the objectives ie to :
(i) Maintain copyright protection
(ii) Introduce new rules and clarify existing
interpretation
(iii) Recognize effect of information and
communication technologies
(iv) Emphasize the effect of copyright protection on
literary and artistic work
(v) To achieve balance
5. ARTICLE 1 : RELATION TO BC
(1) Made under the power given under Article
20 of BC
(2) Obligations of Berne’s Convention Countries
are not derogated
(3) Berne Convention = Paris Act of July 24, 1971
(4) Shall comply with all provisions of BC
6. ARTICLE 2 : SCOPE
Similar to BC, covers expression
and not
• Ideas
• Procedures
• Methods of operation
• Mathematical concept
…As such
7. ARTICLE 3 : ART2-ART6 OF BC
• To be applied mutatis mutandis
8. ARTICLE 4 : COMPUTER PROGRAMS
• Expand the definition of literary work under
Article 2 of BC to include computer programs
• Thus, computer programs have similar
protection as other literary works
9. ARTICLE 5 : DATABASES
• Compilation + intellectual creation =
protection
• Protection does not include the data or
material itself
• Does not prejudice its existing copyright
10. ARTICLE 6 : RIGHT OF DISTRIBUTION
(1) Exclusive right to distribute ie making
available to public
(2) Except : exhaustion of right applies after first
sale/other transfer of ownership
11. ARTICLE 7 : RIGHT OF RENTAL
(1) Given to author of :
i.
Computer programs
ii. Cinematographic works
iii. Works embodied in phonograms (as determined by law of the
contracting states)
(2) Not given ;
i.
Where the computer programs are not the essential of the rental
ii. Where the commercial rental of the cinematographic works has
led to widespread copying
(3) Proviso :
Standing equitable enumeration for rental right of phonograms as
on 15th Apr 1994 shall continue to be in force unless prejudice
the author
12. ARTICLE 8 : RIGHT OF
COMMUNICATION
– Author shall enjoy right of communication either
by wire or wireless means including the making
available to the public of their works in such a way
that members of the public may access these
works from a place and at a time individually
chosen by them
– Without prejudice to Article 11 and 14 of BC
13. ARTICLE 9 : DURATION OF
PROTECTION FOR PHOTOGRAPHIC
WORKS
• Similar to Article 7(4) of the Berne
Convention.
14. ARTICLE 10 : LIMITATIONS AND
EXCEPTIONS
(1) As provided by Contracting Parties so long as
do not conflict with a normal exploitation of
the work and do not unreasonably prejudice
the legitimate interests of the author.
(2) Same when applying the Berne Convention
15. ARTICLE 11 :OBLIGATIONS FOR
TECHNOLOGICAL MEASURE
• If author has used effective technological
measures to protect their rights under this
Treaty or the Berne Convention for their
works,
• And it has been circumvented (by-pass)
without authorization
• The author should be provided with legal
protection and remedies
16. ARTICLE 12 :OBLIGATIONS
CONCERNING RIGHTS MANAGEMENT
INFORMATIONS
(2) Definition of “rights management information”;
information which identifies the
- work,
- the author of the work,
- the owner of any right in the work,
- or information about the terms and conditions of use of the work
and any numbers or codes that represent such information,
either attached to a copy of a work or appears in connection with the communication of a work to
the public.
(1)
Act that should be given protection against by the contracting states;
i.
to remove or alter any electronic rights management information without authority
Ii. to distribute, import for distribution, broadcast or communicate to the public, without
authority, works or copies of works knowing that electronic rights management
information has been removed or altered without authority.
17. ARTICLE 13 : APPLICATION IN TIME
• Contracting Parties shall apply the provisions
of Article 18 of the Berne Convention to all
protection provided for in this Treaty
18. ARTICLE 14 : ENFORCEMENT OF RIGHT
(1) Necessary measures to be taken by
Contracting States in line with this treaty
(2) The measure is to be made available under
the law to combat infringement of rights
covered by this Treaty, including expeditious
remedies to prevent infringements and
remedies which constitute a deterrent to
further infringements.
19. ARTICLE 15 : ASSEMBLY
THE ASSEMBLY
(1)(a) + (b)
Each Contracting Party shall be represented by one delegate
who may be assisted by alternate delegates, advisors and
experts to be members of the Assembly.
(1)(c) The expenses of each delegation shall be borne by the Contracting
Party that has
appointed the delegation but The Assembly may
ask “WIPO” to grant financial assistance to developing countries
ITS FUNCTIONS
(2)(a) To deal with the maintenance ,development and the application and
operation of this Treaty.
(2)(b) To manage admission of certain IGOs to become party to this
Treaty under Article 17(2) .
(2) (c) To decide the convocation of any diplomatic conference for the
revision of this Treaty and give the necessary instructions to the
Director General of WIPO
for the preparation of such
diplomatic conference.
20. Cont.
VOTE
(3)(a)
Each Contracting Party that is a State shall have one vote and shall
vote only in its own name.
(3)(b)
Any Contracting Party that is an IGOs may participate in the vote, in
place of its Member States, with a number of votes equal to the
number of its Member States which are party to this Treaty.
But shall not participate when..
any one of its Member States exercises its right to vote and vice versa.
SESSION
(4)
Once every two years upon convocation by the DG of WIPO.
RULES OF PROCEDURE
(5)
Establish its own rules of procedure, including the convocation
of extraordinary sessions, the requirements of a quorum and,
subject to the provisions of this Treaty, the required majority for
various kinds of decisions.
21. ARTICLE 16 -20
•
•
•
•
•
•
Article 16 : International Bureau
The International Bureau of WIPO shall perform the administrative tasks
concerning the Treaty.
Article 17 : Eligibility for Becoming Party
(1) Any Member State of WIPO
(2) Any IGOs as decided by the Assembly
(3) The European Community
Article 18 : Rights and Obligations
To be enjoyed by Contracting Parties unless specified otherwise by this treaty
Article 19 : Signature of the Treaty
Open for signature until December 31, 1997, by any Member State
of WIPO and by the European Community.
Article 20 : Entry into Force of the Treaty
This Treaty shall enter into force three months after 30 instruments of ratification
or accession by States have been deposited with the Director General of WIPO.
22. ARTICLE 21-25
•
Article 21 : Effective Date of Becoming Party to the Treaty
This Treaty shall bind:
(i) the 30 States referred to in Article 20,
from the date on which this Treaty has entered into force;
(ii) each other State,
from the expiration of three months from the date on which the State has deposited its
instrument with the Director General of WIPO;
(iii) the European Community,
from the expiration of three months after the deposit of its instrument of ratification or
accession if such instrument has been deposited after the entry into force of this Treaty
according to Article 20, or, three months after the entry into force of this Treaty if such
instrument has been deposited before the entry into force of this Treaty;
(iv) any other intergovernmental organization that is admitted to become party to this Treaty,
from the expiration of three months after the deposit of its instrument of accession.
23. cont.
•
•
Article 22 : No Reservations to the Treaty
Article 23 : Denunciation of the Treaty
May be made by any Contracting Party by notification addressed to the Director
General of WIPO.
Any denunciation shall take effect one year from the date on which the Director
General of WIPO received the notification.
• Article 24 : Languages of the Treaty
(1) This Treaty is signed in a single original in English, Arabic, Chinese, French,
Russian and Spanish languages, the versions in all these languages being equally
authentic.
(2) Other text in any language other than those referred is to be established by the
Director General of WIPO on the request of an interested party, after consultation
with all the interested parties.
• Article 25 : Depositary
The Director General of WIPO
24. IS THERE ANY CRITICISM?
• Too broad (for example in its prohibition of
circumvention of technical protection
measures, even where such circumvention is
used in the pursuit of legal and fair use rights).
• Applies a 'one size fits all' standard to all
signatory countries despite widely differing
stages of economic development and
knowledge industry.
25. REFERENCES
• WIPO Intellectual Property Handbook: Policy,
Law and Use available at
http://www.wipo.int/export/sites/www/about
-ip/en/iprm/pdf/ch5.pdf#wct
• WIPO Website available at
http://www.wipo.int/
• Wikipedia on WCT available at
http://en.wikipedia.org/wiki/WIPO_Copyright
_Treaty
