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Ch.5 Copyright and Related Rights

This chapter assesses Section 1 of the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement, which deals with ‘copyright and related rights’. It contains six Articles that supplement the Berne Convention. The premise for copyright—or authors’ rights—protection is that creation and cultural activities are stimulated by the granting of exclusive rights. In the absence of such rights, it is argued, the production and distribution on new works for the public would be jeopardized. As in the case of patents, several theories have been proposed to justify copyright protection, namely, natural law, a just reward for labor, the stimulation of creativity, and the social usefulness of copyright. It is necessary to bear in mind, however, that a large portion of creative works are developed without pursuing any protection against copying. The ‘open source’ model for software development is just an example of alternative paths to encourage creativity and innovation.