Copyright term, film labeling, and film preservation legislation : hearings before the Subcommittee on Courts and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, on H.R. 989, H.R. 1248, and H.R. 1734 ... June 1 and July 13, 1995 (1996)

Record Details:

Title:
Copyright term, film labeling, and film preservation legislation : hearings before the Subcommittee on Courts and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, on H.R. 989, H.R. 1248, and H.R. 1734 ... June 1 and July 13, 1995
Date:
1996
Publisher:
Washington : U.S. G.P.O. : For sale by the U.S. G.P.O., Supt. of Docs., Congressional Sales Office
Volume:
Copyright term, film labeling, and film preservation legislation : hearings before the Subcommittee on Courts and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, on H.R. 989, H.R. 1248, and H.R. 1734 ... June 1 and July 13, 1995
Leaf #:
000385
Language:
English
Subjects:
Copyright -- United States, Copyright -- Motion pictures United States","Motion pictures -- Labeling United States","Motion pictures -- Conservation and restoration United States
Collection:
Books and Government & Law
Format:
Books
Contributor:
Boston Public Library
Sponsor:
Kahle/Austin Foundation and Omidyar Network
Coordinator:
Media History Digital Library
Description:
Date Added:
July 19, 2022
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377 rule of the shorter tern \inder the Berne Convention." While acknowledging that the precise nesh of all the relevant provisions remains uncertain, I believe the following overall frameworlc to be more plausible. First, international intellectual property treaties existing at the tiae that the TRIPS Agreement takes effect*** are generally immunized from the MFN clause (but not the national treatment clause except as expressly provided) under a grandfather provision within the TRIPS Agreement, which only this Agreement can override.*' Second, existing and future agreements establishing "customs unions and free-trade areas" of a regional character may, to varying degrees, be immunized from applying MFN treatment, and possibly national treatment, to non-TRIPS-mandated proprietary rights affecting intra-regional trade in intellectual goods, at least insofar as past practice under Article XXIV of the General Agreement on Tariffs and Trade is carried over to the " Ses. Reichman, Universal Minimum Standards, supra note 2, at 348-51. *" See Final Act, supra note 5, Par. 3 (setting Jan. 1, 1995, as target date for entry into force, if possible) ; WTO Agreement, supra note 5, arts. VIII, XIV. See also URAA, supra note 5, S 101(b) (authorizing President to implement WTO Agreement after determining that "a sufficient number of foreign countries are accepting the obligations of the Uruguay Round Agreements") . *' See TRIPS Agreement, supra note 5, art. 4(d) (with the proviso that immunized measxires "not constitute an arbitrary or unjustifiable discrimination against nationals of other members"). See also id. art. 4(b) (exempting inconsistent provisions of Berne Convention, supra note 3, and Rome Convention, supra note 3.)