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International Trade Law

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Joint PIJIP/TLS Research Paper Series

2012

Berne Appendix

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Beyond The Unrealistic Solution For Development Provided By The Appendix Of The Berne Convention On Copyright, Alberto Cerda Silva Apr 2012

Beyond The Unrealistic Solution For Development Provided By The Appendix Of The Berne Convention On Copyright, Alberto Cerda Silva

Joint PIJIP/TLS Research Paper Series

The standards of copyright protection promoted by the Berne Convention are highly problematic for developing countries because these countries need to ensure a wide dissemination of works for teaching, scholarship, and research purposes. In order to accommodate these needs and to promote accession to this Convention, the 1971 Paris Act of the Berne Convention, included an Appendix that allowed developing countries to issue compulsory licenses for translating and/or reproducing foreign works into languages of general use in their territories. Unfortunately, the Appendix has not met the needs of developing countries, which, instead, have relied on idiosyncratic solutions. Additionally, the instrument …