Article 9 provides foundation for implementing Berne but not the administrative provisions only the substantive provisions.
Article 9(2) – makes it absolutely clear that copyright does not extend to idea procedures, the clearest statement on this
Article 10 – deals with computer programs and software and not literally works
10(2) – protects databases in machine readable forms.
Article 12 deals with the term of copyright and it is at least life plus 50 Europeans life plus 70.
There can be exceptions to copyright
Article 14 protects performance.
1939-1945 – countries argued that the 2nd world-war was caused by a trade after, that Germany went to war over trade restrictions.
In 1947 there were meetings to try and secure international peace and to regulate economic activities and development and balance of payments issues. There was a problem that some countries were imposing quantitative restrictions or quotas on imports. They established the World Bank to help countries in reconstructing and the IMF to help countries facing balance of payments problems.
To regulate international trade there was a suggested to establish the International Trade Organization but in the Havana Charter the ITO was rejected. GATT has a three prong identity one it was a forum for countries to discuss on how to regulate tariffs but it was not very organized like the UN for example. It was just a forum with rounds like the Havana Round. It also had the character of Rules – the GATT deals on how to deal with tariffs the other prong was about its being an organization and a Club. It was referred to as the rich countries’ club.
Around 1964 during the Kennedy Round of GATT some countries argued that tariffs and barriers were not the only barriers to trade but there were other Non-tariff barriers to trade such as Sanitary and Phyto sanitary standards SPS and technical barriers referred to as NTBs sanitary standards are used for example when the EU puts a ban on importation of fish from Kenya saying they are not handled well, this becomes an SPS barrier to trade.
1979 Japan Round – the US and other countries started talking about counterfeiting that when you counterfeit other peoples works, you deny the countries the right to trade, allowing copying of others trademark was trade distorting
In 1974 US enacted its Trade Act Section 301 that any country that undermined US Trade would face sanctions. Infringing copyrights a country could be put on the Watch List and if they continued they would be put on a Priority Watch List and a country could face sanctions. The US adopted unilateral measures on countries that continued to infringe on its copyrights. America also adopted bilateral measures and negotiated the US Canada Free Trade Agreement USCFTA among other agreements with Intellectual Property clause USCFTA was later transformed into North America Free Trade Agreement NAFTA after they signed multilateral agreement with Canada and Mexico.
In 1986 – 1994 the Uruguay Round took place and the foreign Minister met at Punta del Este and at this round the main issue was reforming the trade in goods and adding services such as banking, telecommunications, legal services etc there should be no restriction to offering services if AT&T wants to come and invest in telecommunications in Kenya then there should be no barriers into their doing so.
In April 1994 the deal was sealed in Marrakesh Morocco and Intellectual Property became part of GATT. A General Agreement on Trades in Services (GATS) also became part of GATT. Intellectual Property was allowed in GATT as Trade Related Aspects of Intellectual Property (TRIPS) and intellectual property was allowed into WTO. WTO became a specific institute that was born in Marrakesh Morocco. Developed countries were to be bound by the year 2000 and LDCs like Uganda and Tanzania were to be bound in 2016.