TRIPS, Technological Developments and the Rights of Broadcasting Organizations: Political Stalemate or Deliberate Ignorance?
40 Pages Posted: 28 Feb 2018 Last revised: 8 May 2018
Date Written: February 1, 2018
Even though the TRIPS Agreement arrived at a turning point in the history of information technology and communication, its copyright and related rights provisions ignored the technological developments of the time. Scholarly analysis on the lack of foresight on the part of TRIPS negotiators with respect to the pace of technological developments has primarily revolved around the challenges posed by internet and digital technologies ignoring other technological developments of the time such as those in broadcasting. In this vein, this paper posits that even though cable was a prevalent form of broadcast technology during the Uruguay Round negotiations, Article 14.3 of the TRIPS Agreement deliberately failed to grant cable rebroadcast rights to broadcasting organizations in accordance with the “minimum standards treaty” principle of the TRIPS Agreement.
Keywords: trade related aspects of intellectual property rights; broadcasting organizations
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