WRITTEN QUESTION E-1502/00

by Ilka Schröder (Verts/ALE) to the Commission

(12 May 2000)

Subject: World Intellectual Property Organisation (WIPO)

1. The concept of author is not defined in the WIPO Treaty. Legal disputes about copyright between the parties to the Treaty must consequently be expected. How is the Commission responding to this problem? Will it seek to impose its own definition of copyright on the other parties to the Treaty?

2. The WIPO approach is based on the concept of individual right. The legal understanding of other WIPO member states is based partly on collective right. How does the Commission assess that contradiction?

3. The WIPO Treaty overlaps with the TRIPS (trade-related aspects of intellectual property rights) Convention in the World Trade Organisation (WTO). In both cases, the issue is the protection of intellectual property. Since most questions relate to the area of trade in intellectual property rights, WIPO is in part responsible for the same matters as the TRIPS Convention. Does any division of tasks or responsibilities apply between WIPO and TRIPS? How does the Commission assess the overlapping of responsibilities between WIPO and TRIPS? Do hierarchies apply between WIPO and TRIPS?

Answer given by Mr Bolkestein on behalf of the Commission

(27 June 2000)

1. The World Intellectual Property Organisation (WIPO) Copyright Treaty builds upon the existing protection in the Berne Convention for the protection of literary and artistic works 1886, (Paris Act 1971) (the Berne Convention). The Berne Convention is the principal international agreement in the field of copyright and itself does not contain a general definition of the term author. To date this has not led to disputes nor is it expected that any such dispute will arise with the WIPO Copyright Treaty.

As yet there is no general harmonisation of the concept of authorship in Community legislation, although certain aspects of the authorship of cinematographic works, computer programmes and creative databases have been addressed. For the time being, the Commission does not see a need to harmonise the different concepts of copyright protection in Member States.

2. The WIPO Copyright Treaty grants rights to individuals. However, it does not deal with the issue of management of those rights whether by individuals or on a collective basis. This is left to the discretion of the contracting parties.

3. The Berne Convention, the Trade-related intellectual property right (TRIPs) Agreement and, after its entry into force, the WIPO Copyright Treaty together provide the multilateral framework for protection in the field of copyright. The TRIPs Agreement forms part of the agreement establishing the World Trade Organisation (WTO) and most WTO members are also parties to the Berne Convention and have signed up to the WIPO Copyright Treaty.

Article 1(1) and (2) of the WIPO Copyright Treaty expressly provide that the WIPO Copyright Treaty shall not have any connection with treaties other than the Berne Convention, nor shall it prejudice any rights and obligations under any other treaties. For the purposes of the WIPO Copyright Treaty, the international bureau of WIPO performs certain administrative tasks only.

The TRIPs Agreement contains certain minimum standards for the protection not only of copyright but all categories of intellectual property. In the particular case of copyright, it requires WTO members to comply with the major provisions of the Berne Convention. It also provides for the establishment of the TRIPs Council to monitor the operation of the TRIPs agreement and WTO members' compliance with it. In carrying out its functions, the TRIPs Council may consult with and seek information from any source including WIPO. The aim is to establish a mutually supportive relationship between WIPO and the WTO. Moreover, on the basis of Article 68 of the TRIPs Agreement, both organisations have concluded co-operation agreements. Accordingly, the mere fact that in relation to copyright, both treaties overlap to a certain extent does not give rise to concern as regards question of competence and responsibility, as there is no hierarchy between the Berne Convention, the WIPO Copyright Treaty and the TRIPs Agreement.