Legal Protection: WIPO (World Intellectual Property Organization)

Presumably the major player in the field of international intellectual property protection and administrator of various multilateral treaties dealing with the legal and administrative aspects of intellectual property is the WIPO.

Information on WIPO administered agreements in the field of industrial property (Paris Convention for the Protection of Industrial Property (1883), Madrid Agreement Concerning the International Registration of Marks (1891) etc.) can be found on: http://www.wipo.org/eng/general/index3.htm

Information on treaties concerning copyright and neighboring rights (Berne Convention for the Protection of Literary and Artistic Works (1886) etc.) is published on: http://www.wipo.org/eng/general/index5.htm

The most recent multilateral agreement on copyright is the 1996 WIPO Copyright Treaty. Among other things it provides that computer programs are protected as literary works and also introduces the protection of databases, which "... by reason of the selection or arrangement of their content constitute intellectual creations." Furthermore the 1996 WIPO Copyright Treaty contains provisions concerning technological measures, rights management information and establishes a new "right of communication to the public". It is available on: http://www.wipo.org/eng/diplconf/distrib/treaty01.htm

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History: "Indigenous Tradition"

In preliterate societies the association of rhythmic or repetitively patterned utterances with supernatural knowledge endures well into historic times. Knowledge is passed from one generation to another. Similar as in the Southern tradition intellectual property rights are rooted in a concept of 'collective' or 'communal' intellectual property existing in perpetuity and not limited to the life of an individual creator plus some number of years after his or her death. Often rights are exercised by only one individual in each generation, often through matrilineal descent.


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Legal Protection: TRIPS (Trade-Related Aspects of Intellectual Property Rights)

Another important multilateral treaty concerned with intellectual property rights is the TRIPS agreement, which was devised at the inauguration of the Uruguay Round negotiations of the WTO in January 1995. It sets minimum standards for the national protection of intellectual property rights and procedures as well as remedies for their enforcement (enforcement measures include the potential for trade sanctions against non-complying WTO members). The TRIPS agreement has been widely criticized for its stipulation that biological organisms be subject to intellectual property protection. In 1999, 44 nations considered it appropriate to treat plant varieties as intellectual property.

The complete TRIPS agreement can be found on: http://www.wto.org/english/tratop_e/trips_e/t_agm1_e.htm

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World War II ...

Never before propaganda had been as important as in the 2nd World War. From now on education was one more field of propaganda: its purpose was to teach how to think, while pure propaganda was supposed to show what to think.
Every nation founded at least one ministry of propaganda - of course without calling it that way. For example the British called it the Ministry of Information (= MOI), the U.S. distinguished between the Office of Strategic Services (= OSS) and the Office of War Information (= OWI), the Germans created a Ministry of Propaganda and Public Enlightenment (= RMVP) and the Japanese called their disinformation and propaganda campaign the "Thought War".
British censorship was so strict that the text of an ordinary propaganda leaflet, that had been dropped from planes several million times, was not given to a journalist who asked for it.

Atrocity stories were no longer used the same way as in the 1st World War. Instead, black propaganda was preferred, especially to separate the Germans from their leaders.
German war propaganda had started long before the war. In the middle of the 1930s Leni Riefenstahl filmed Hitler best propaganda movies. For the most famous one, "Triumph of the Will" (1935), she was the only professional filmier who was allowed to make close-up pictures of her admirer.

Some of the pictures of fear, hatred and intolerance still exist in people's heads. Considering this propaganda did a good job, unfortunately it was the anti-national-socialist propaganda that failed at that time.

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Challenges for Copyright by ICT: Digital Content Providers

Providers of digital information might be confronted with copyright related problems when using some of the special features of hypertext media like frames and hyperlinks (which both use third party content available on the Internet to enhance a webpage or CD ROM), or operate a search engine or online directory on their website.

Framing

Frames are often used to help define, and navigate within, a content provider's website. Still, when they are used to present (copyrighted) third party material from other sites issues of passing off and misleading or deceptive conduct, as well as copyright infringement, immediately arise.

Hyperlinking

It is generally held that the mere creation of a hyperlink does not, of itself, infringe copyright as usually the words indicating a link or the displayed URL are unlikely to be considered a "work". Nevertheless if a link is clicked on the users browser will download a full copy of the material at the linked address creating a copy in the RAM of his computer courtesy of the address supplied by the party that published the link. Although it is widely agreed that the permission to download material over the link must be part of an implied license granted by the person who has made the material available on the web in the first place, the scope of this implied license is still the subject of debate. Another option that has been discussed is to consider linking fair use.

Furthermore hyperlinks, and other "information location tools", like online directories or search engines could cause their operators trouble if they refer or link users to a site that contains infringing material. In this case it is yet unclear whether providers can be held liable for infringement.

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Nicolae Ceaucescu

Nicolae Ceausescu (1918-1989) was State-Secretary of Romania from 1967 to 1989. He is supposed to have been one of the cruelest dictators of the Eastern Bloc. His power was assured by a huge system of spies called the Securitate. In 1989 when the other Eastern-European countries started liberalizing their politics, he tried to follow the same policy as before; in December he had to flee but was betrayed and ended up being shot together with his wife right after a short and secret trial. Today it seems as if the revolution of those days had been organized by the communists to assure power. In the meantime the situation for the people has not improved at all but rather worsened.

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WIPO

The World Intellectual Property Organization is one of the specialized agencies of the United Nations (UN), which was designed to promote the worldwide protection of both industrial property (inventions, trademarks, and designs) and copyrighted materials (literary, musical, photographic, and other artistic works). It was established by a convention signed in Stockholm in 1967 and came into force in 1970. The aims of WIPO are threefold. Through international cooperation, WIPO promotes the protection of intellectual property. Secondly, the organization supervises administrative cooperation between the Paris, Berne, and other intellectual unions regarding agreements on trademarks, patents, and the protection of artistic and literary work and thirdly through its registration activities the WIPO provides direct services to applicants for, or owners of, industrial property rights.

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Economic rights

The economic rights (besides moral rights and in some cases also neighboring rights) granted to the owners of copyright usually include 1) copying or reproducing a work, 2) performing a work in public, 3) making a sound recording of a work, 4) making a motion picture of a work, 5) broadcasting a work, 6) translating a work and 7) adapting a work. Under certain national laws some of these rights are not exclusive rights of authorization but in specific cases, merely rights to remuneration.

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