In accordance with the general rule of Article 7, paragraph 1, of the Berne Agreement, as incorporated into the TRIPS agreement, the author`s term of protection applies and 50 years after his death. Paragraphs 2 to 4 of this article explicitly allow for shorter deadlines in some cases. These provisions are supplemented by Article 12 of the ON TRIPS Agreement, which provides that the duration of protection of a work that is not calculated on a basis other than the life of a natural person is the duration of protection of a work that is not calculated on a basis other than the life of a natural person, this period cannot be less than 50 years from the end of the calendar year of authorized publication. , or, if such publication has not been authorized within 50 years of the work being made, 50 years after the end of the calendar year of production. The agreement allows for compulsory licensing under the agreements to strike a balance between promoting access to existing medicines and promoting research and development on new drugs. However, the concept of a compulsory licence is not included in the ON TRIPS agreement. Instead, the term is another use without the permission of the rights holder in the title of section 31. Mandatory licences are only part of it, as other uses include government use for their own purposes. Article 10.1 provides that computer programs, whether in the source code or in the object code, are protected as literary works in accordance with the Berne Convention (1971). This provision confirms that computer programmes must be protected by copyright and that the provisions of the Berne Convention applicable to literary works must also be applied to them. In addition, it is confirmed that the form in which a program is located, whether in the source code or the object code, does not affect the protection. The obligation to protect computer programs as literary works means z.B that only restrictions on literary works can be applied to computer programs.
It also confirms that the general 50-year term of protection applies to computer programs. The shorter possible conditions for the photographic works and works of art used should not be applied. Section 24 provides for a number of exceptions to the protection of geographical indications. These exemptions are particularly important for the complementary protection of the geographical indications of wines and spirits. For example, members are not required to protect a geographic indication when it has become a generic term for the product in question (point 6). Measures taken to implement these provisions must not infringe previous good faith trademark rights (paragraph 5). In certain circumstances, the use of a geographical indication for wines or spirits may be permitted of a size and species as is currently the case (paragraph 4). Members who use these exemptions must be willing to enter into negotiations for their subsequent application to the various geographical indications (paragraph 1). Exemptions cannot be used to reduce the protection of geographic indications that existed prior to the TRIPS AGREEMENT (point 3).