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B. GATT-TRIPS and duration.
The TRIPS portion of G ATT states that TRIPS members shall "comply with Articles 1 through 21 of the Berne Convention and the Appendix thereto "*" While TRIPS provides for national treatment by signatory countries, it specifically permits the discriminations permitted under Berne:
Exempted from this obligation [of national treatment] are any advantage, favour, privilege or immunity accorded by a [TRIPS] Member granted in accordance with the provisions of the Berne Convention (1971) or the Rome Convention authorizing that the treatment be a function not of national treatment of the treatment accorded in another country.*'
TRIPS further provides that "Members shall accord the treatment provided for in this Agreement to the nationals of other Members "^^ Since Berne permits application of the rule of the shorter term, such treatment is still permissible as between TRIPS-signatory countries, subject to the EU national nondiscrimination principle dictated by the EC Term Directive and Phil Collins Notably, TRIPS establishes the minimum term of protection, "when such term is calciilaled on other than the life of the author, at 50 years from the end of the calendar year of authorized publication or, failing such authorised publication within 50 years from the making of the work, 50 years from the end of the calendar year of making."" (emphasis added) Thus, even though TRIPS facially requires its signatory members to adhere to the Berne Convention, the 50 years p m a. duration of Berne is not mandatory under TRIPS, due to the shorter term of 50 years post-publication term permitted under TRIPS Article 12 Therefore, TRIPS may not enable non-U S countries to force the US. to adhere to the Berne 50 years p m a. as to pre1978 works, because TRIPS itself permits a shorter term of protection than Berne.
C. The Uruguay Round Agreements Act
1. Main Provisions of the Act
The US has enacted GATT-TRIPS implementing legislation under Section 514 of the Uruguay Round Agreements Act,*^, that will retroactively revive certain copyrights which
'"GATT-TRIPS. supra iiolc 14 at Art. 9(1) G-bis ofBcmc. which provides moral rights, was e.vpressly
excluded from GATT-TRIPS
*'/(/ al An 4(b)
*2w at An (1)(3)
*'W at Art 12
^*Supra note 10
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