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The law of copyright and the Internet : the 1996 WIPO treaties their interpretation and implementation

The law of copyright and the Internet : the 1996 WIPO treaties their interpretation and implementation (8회 대출)

자료유형
단행본
개인저자
Ficsor, Mihaly.
서명 / 저자사항
The law of copyright and the Internet : the 1996 WIPO treaties their interpretation and implementation / by Mihaly Ficsor.
발행사항
Oxford :   Oxford University Press,   2002.  
형태사항
li, 792 p. ; 25 cm.
ISBN
019829901X
일반주기
Includes index.  
일반주제명
Copyright. Internet -- Law and legislation.
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020 ▼a 019829901X
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084 ▼a 346.0482 ▼2 DDCK
090 ▼a 346.0482 ▼b F448L
100 1 ▼a Ficsor, Mihaly.
245 1 4 ▼a The law of copyright and the Internet : ▼b the 1996 WIPO treaties their interpretation and implementation / ▼c by Mihaly Ficsor.
260 ▼a Oxford : ▼b Oxford University Press, ▼c 2002.
300 ▼a li, 792 p. ; ▼c 25 cm.
500 ▼a Includes index.
610 2 0 ▼a World Intellectual Property Organization.
650 0 ▼a Copyright.
650 0 ▼a Internet ▼x Law and legislation.

소장정보

No. 소장처 청구기호 등록번호 도서상태 반납예정일 예약 서비스
No. 1 소장처 중앙도서관/법학보존서고(법학도서관 지하2층)/ 청구기호 346.0482 F448L 등록번호 111214379 도서상태 대출가능 반납예정일 예약 서비스 B M

컨텐츠정보

목차


CONTENTS
Foreword = ⅶ
Preface = ⅸ
Tables of Legislation = xxvii
List of Abbreviations, Shortened Titles and References = xlvii
Ⅰ DEVELOPMENT OF INTERNATIONAL NORMS ON COPYRIGHT AND RELATED RIGHTS SINCE 1971
 1. The International Copyright and Related Rights System Between 1971 and 1996 : 'Guided Development' and Emerging New Norms
  A. The 'guided development' period
   (1) Introductory remarks = 1.01
   (2) 'Guided development' in the field of copyright = 1.03
   (3) Work in the Intergovernmental Committee of the Rome Convention = 1.18
  B. Parallel preparatory work in GATT and WIPO, and the adoption of the TRIPS Agreement
   (1) Introductory remarks = 1.19
   (2) The Uruguay Round negotiations and the TRIPS Agreement = 1.20
   (3) Launching preparatory work of new copyright and related rights norms in WIPO = 1.26
  C. Acceleration of the preparatory work after the adoption of the TRIPS Agreement and with the emergence of the 'digital agenda'
   (1) Introductory remarks = 1.34
   (2) National and regional studies = 1.35
   (3) WIPO brainstorming meetings = 1.42
   (4) Continuation of the work in the Berne Protocol and the New Instrument Committees, and the preparation of the Diplomatic Conference = 1.45
 2. The Diplomatic Conference
  A. Introductory remarks = 2.01
  B. The Diplomatic Conference of slow start and late end
   (1) Delay in the adoption of the Rules of Procedure and in the election of officers = 2.02
   (2) Opening declarations in the Plenary and substantive debate in Main Committee I until the discussion on the Chairman's 'consolidated texts' = 2.03
   (3) The work of Main Committee Ⅱ = 2.07
   (4) The informal consultations = 2.08
   (5) The 'harvest sessions' of Main Committee Ⅰ = 2.09
   (6) The last 'crazy night'(with an 'extra' session of Main Committee Ⅰ, the midnight adoption of the treaties in the Plenary and the early morning signature ceremony) = 2.10
  C. Diplomatic Conference of 'special agreements' = 2.12
  D. Diplomatic Conference in the light and shadow of the TRIPS Agreement
   (1) Introductory remarks = 2.16
   (2) Positive impact of the TRIPS Agreement = 2.17
   (3) Negative impact of the TRIPS Agreement = 2.18
   (4) Berne and Rome in TRIPS and in WCT/WPPT = 2.21
   (5) Berne in TRIPS in WCT/WPPT = 2.26
   (6) TRIPS in WCT/WPPT = 2.27
  E. Diplomatic Conference of 'agreed statements' = 2.31
  F. Diplomatic Conference with the European Community in the limelight
   (1) The status of a 'special delegation' = 2.34
   (2) Right to vote at the Diplomatic Conference = 2.35
   (3) The role of the European Community and its member states = 2.38
   (4) The eligibility of the European Community to become party to the treaties, and its right to vote in the Assembly = 2.39
   (5) Signature, implementation and ratification of the treaties by the European Community and its member states = 2.41
  G. Diplomatic Conference of unfinished work
   (1) A third draft treaty on the back burner = 2.42
   (2) The coverage of the WPPT : the question of 'audiovisual performances' = 2.44
   (3) The rights of broadcasters : a longer-term promise to the orphans of Rome = 2.50
   (4) An old demand re-emerging again : intellectual property protection for folklore = 2.51
   (5) Other issues considered by the Diplomatic Conference but not settled = 2.52
Ⅱ THE 'DIGITAL AGENDA'
 3. The 'Digital Agenda' - the Right of Reproduction in the Digital Environment
  A. Historical background
   (1) Introductory remarks = 3.01
   (2) Early Acts of the Berne Convention : implicit recognition = 3.02
   (3) Attempt at an explicit recognition at the Brussels conference = 3.11
   (4) Explicit recognition and general regulation at the Stockholm conference = 3.12
   (5) The concept of reproduction under the Berne Convention = 3.17
   (6) The concept of reproduction in the Rome Convention and the Phonograms Convention = 3.32
  B. The 'guided development' period
   (1) Storage of works in computers = 3.26
   (2) Display on computer screens ; the 'reproduction theory' = 3.36
   (3) Private reproduction = 3.48
  C. Preparatory work before the Diplomatic Conference
   (1) Introductory remarks = 3.49
   (2) National and regional studies = 3.50
   (3) WIPO brainstorming meetings = 3.65
   (4) The Berne Protocol and New Instrument Committees = 3.80
  D. At the Diplomatic Conference
   (1) The basic proposals = 3.100
   (2) Amendments submitted at the Diplomatic Conference = 3.105
   (3) Debates and negotiations at the Diplomatic Conference = 3.111
   (4) Approval of the draft treaties and the agreed statements related to them = 3.119
   (5) The last 'crazy night' ; adoption of an agreed statement = 3.122
 4. The 'Digital Agenda' - the Right or Rights Applicable for Interactive Transmissions : the 'Umbrella Solution'
  A. Introduction = 4.01
  B. Historical background : the right of distribution
   (1) Berne Convention : explicit right of distribution in cinematographic works = 4.02
   (2) The Rome Convention and its sister conventions = 4.10
   (3) The right of distribution, one of its 'sub-categories' - the right of rental - and the issue of exhaustion of the right of distribution in the TRIPS Agreement = 4.13
  C. Historical background : the right of communication to the public(and other, similar non-copy-related rights)
   (1) Berne Convention : the right of public performance, as the first non-copy-related right = 4.18
   (2) The right of communication to the public by cable(of 'cable-originated programmes') = 4.19
   (3) The right of broadcasting - and related acts - under the Berne Convention = 4.20
   (4) The right of broadcasting and a specific right of communication to the public under the Rome Convention = 4.23
   (5) The Satellites Convention floating above the categories of rights(and losing its importance) = 4.28
   (6) The TRIPS Agreement : the Berne/Rome heritage and an attempt at defining 'public' = 4.30
  D. Historical background : the concept of 'making available...'
   (1) Making available of copies and 'publication' in the Berne Convention = 4.34
   (2) 'Making available...' as a general concept = 4.36
  E. The 'guided development' period
   (1) The right of distribution and its 'sub-rights' = 4.39
   (2) Communication rights = 4.42
   (3) 'Making available...' right = 4.56
  F. Preparatory work before the Diplomatic Conference
   (1) National and regional studies = 4.57
   (2) WIPO brainstorming meetings = 4.81
   (3) The Berne Protocol and New Instrument Committees on the right of distribution and its 'sub-rights' = 4.88
   (4) The Berne Protocol and New Instrument Committees on the rights of broadcasting and communication to the public = 4.102
   (5) Interactive transmissions in digital networks : debates in the joint sessions of the Committees and the emergence of the 'umbrella solution' = 4.115
  G. At the Diplomatic Conference
   (1) The basic proposals = 4.141
   (2) Amendments submitted at the Diplomatic Conference = 4.147
   (3) Discussions and negotiations at the Diplomatic Conference ; adoption of the final text = 4.153
 5. The 'Digital Agenda' - Limitations and Exceptions in the Digital Environment
  A. Terminology and coverage
   (1) Berne Convention = 5.01
   (2) Related rights conventions = 5.02
   (3) The TRIPS Agreement and the 'Internet treaties' = 5.03
   (4) Terminology used in this book = 5.04
   (5) Coverage of exceptions and limitations in the chapter = 5.05
  B. Historical background
   (1) Specific exceptions and limitations under the Berne Convention = 5.06
   (2) General provisions on the limitations of, and exceptions to, the right of reproduction(the first international 'incarnation' of the 'three-step test') in Article 9(2) of the Berne Convention = 5.49
   (3) Implied exceptions under the Berne Convention = 5.59
   (4) Exceptions under the Rome Convention = 5.68
   (5) Exceptions and limitations under the Phonograms Convention and the Satellites Convention = 5.71
   (6) Provisions of the TRIPS Agreement on limitations and exceptions = 5.73
  C. The 'guided development' period
   (1) Introductory remarks = 5.78
   (2) Reprographic reproduction = 5.79
   (3) Private copying('home taping') = 5.85
  D. Preparatory work before the Diplomatic Conference
   (1) National and regional studies = 5.98
   (2) WIPO brainstorming meetings = 5.113
   (3) The Berne Protocol and New Instrument Committees = 5.121
  E. At the Diplomatic Conference
   (1) Introductory remarks = 5.132
   (2) The basic proposal = 5.133
   (3) Amendments submitted at the Diplomatic Conference = 5.136
   (4) Discussions and negotiations at the Diplomatic Conference = 5.137
   (5) Approval of the draft treaties and the agreed statements related to them = 5.138
   (6) Adoption of the provisions and the related agreed statements = 5.140
 6. The 'Digital Agenda' - Technological Protection Measures and Rights Management Information
  A. The 'guided development' period
   (1) Introductory remarks = 6.01
   (2) The issues of technological protection measures and rights management information in the draft WIPO Model Provisions for Legislation in the Field of Copyright = 6.02
  B. Preparatory work before the Diplomatic Conference
   (1) Introductory remarks = 6.23
   (2) National and regional studies = 6.24
   (3) WIPO brainstorming meetings = 6.36
   (4) The Berne Protocol and New Instrument Committees = 6.40
  C. At the Diplomatic Conference
   (1) The basic proposals = 6.60
   (2) Amendments submitted at the Diplomatic Conference = 6.65
   (3) Discussions and negotiations at the Diplomatic Conference = 6.73
   (4) Adoption of the treaties and the agreed statements related to them = 6.75
Ⅲ ANALYSIS OF THE WIPO COPYRIGHT TREATY(WCT) AND THE WIPO PERFORMANCES AND PHONOGRAMS TREATY(WPPT)
 7. Substantive Provisions of the WIPO Copyright Treaty(WCT)
  Preamble
   (1) 'Negotiating history' and legal status of the Preamble = C-Pr.01
   (2) First paragraph = C-Pr.03
   (3) Second paragraph = C-Pr.06
   (4) Third paragraph = C-Pr.08
   (5) Fourth paragraph = C-Pr.10
   (6) Fifth paragraph = C-Pr.12
  Article 1 : Relation to the Berne Convention
   (1) Introductory remarks = C1.01
   (2) 'No connection with other treaties' = C1.02
   (3) 'Special agreement within the meaning of Article 20 of the Berne Convention' = C1.08
   (4) 'Nothing in this Treaty shall derogate from existing obligations...' = C1.14
   (5) Berne in WCT : introductory remarks = C1.16
   (6) The 'topography' of the 'interface' between the Berne Convention and the WCT = C1.19
   (7) Application of Berne Article 9 on the right of reproduction along with the agreed statement related to it = C1.45
   (8) Application of the right of reproduction in the digital environment at national and regional level = C1.57
  Article 2 : Scope of Copyright Protection
   (1) Redundancy of the provision = C2.01
   (2) A heritage from the TRIPS Agreement = C2.03
   (3) The genesis of Article 9.2 of the TRIPS Agreement(which was 'reproduced' as Article 2 of the WCT) = C2.05
  Article 3 : Application of Articles 2 to 6 of the Berne Convention
   (1) Article 2 of the draft WCT(becoming Article 3 in the final text) = C3.01
   (2) The adopted text and the agreed statement = C3.03
   (3) The inclusion of Article 2 of the Berne Convention in the list of provisions covered by Article 3 of the Treaty, and the need for extended application of the agreed statement = C3.05
  Article 4 : Computer programs
   (1) The definition of computer programs = C4.01
   (2) Discussions on the legal protection of computer programs in the 'guided development' period = C4.08
   (3) Interrelated developments concerning the copyright protection of computer programs in WIPO, the European Community and the TRIPS negotiations = C4.10
   (4) Common and differing elements of Article 10.1 of the TRIPS Agreement and Article 4 of the WCT(with the agreed statement added to it) = C4.18
  Article 5 : Compilations of Data(Databases)
   (1) Preparatory work in the Berne Protocol Committee, and the impact of the TRIPS process = C5.01
   (2) Article 10.2 of the TRIPS Agreement = C5.03
   (3) Common and differing elements of Article 10.2 of the TRIPS Agreement and Article 5 of the WCT(with the agreed statement added to it) = C5.06
   (4) Relative freedom of Contracting Parties in the application of the concept of 'compilation' = C5.10
  Article 6 : Right of Distribution = C6.01
  Article 7 : Right of Rental
   (1) Article 7 of the WCT on the right of rental : a slightly adapted version of the TRIPS provisions = C7.01
   (2) 'Works embodied in phonograms, as determined in the national law of Contracting Parties' = C7.08
  Article 8 : Right of Communication to the Public
   (1) Introductory remarks = C8.01
   (2) The recognition of a comprehensive right of communication to the public and the elimination of the casuistic gaps in the Berne Convention = C8.02
   (3) The right of broadcasting : confirmation of the 'communication theory' and the meaning of the agreed statement concerning Article 11 bis(2) = C8.04
   (4) Interactive 'making available', the 'umbrella solution', and the principle of relative freedom of legal characterization = C8.06
   (5) Implementation of Article 8 and the 'umbrella solution' at national and regional level = C8.11
   (6) The agreed statement concerning mere provision of physical facilities = C8.23
  Article 9 : Duration of the Protection of Photographic Works = C9.01
  Article 10 : Limitations and Exceptions
   (1) Introductory remarks = C10.01
   (2) The extended application of the 'three-step test' = C10.02
   (3) Application of exceptions and limitations in the digital, networked environment = C10.08
  Article 11 : Obligations concerning Technological Measures
   (1) Introductory remarks = C11.01
   (2) Interpretation and implementation of the key elements of Article 11(other than the requirement concerning 'adequate legal protection and effective legal remedies') = C11.02
   (3) Interpretation and implementation of the requirement of providing 'adequate legal protection and effective legal remedies' against circumvention = C11.12
   (4) 'Interface' between technological measures and exceptions and limitations = C11.23
  Article 12 : Obligations concerning Rights Management Information
   (1) Introductory remarks = C12.01
   (2) Interpretation of Article 12 and the agreed statements concerning it = C12.02
   (3) Implementation of Article 12 = C12.09
  Article 13 : Application in Time
   (1) Introductory remarks = C13.01
   (2) Analysis of paragraphs (1) and (2) of Article 18 of the Berne Convention for its mutatis mutandis interpretation = C13.03
   (3) Interpretation of paragraph (3) of Article 18 of the Berne Convention for its mutatis mutandis application = C13.17
  Article 14 : Provisions on Enforcement of Rights
   (1) Adopting measures necessary to ensure application = C14.01
   (2) Enforcement obligations = C14.03
   (3) Liability of service providers for infringements = C14.06
 8. Substantive Provisions of the WIPO Performances and Phonograms Treaty(WPPT)
  Preamble
   (1) Introductory remarks = PP-Pr.01
   (2) First paragraph = PP-Pr.02
   (3) Second paragraph = PP-Pr.05
   (4) Third paragraph = PP-Pr.06
   (5) Fourth paragraph = PP-Pr.07
  Article 1 : Relation to Other Conventions
   (1) Introductory remarks = PP1.01
   (2) No mention that the Treaty is a 'special agreement' within the meaning of Article 22 of the Rome Convention = PP1.02
   (3) 'Nothing in this Treaty shall derogate from existing obligations...' = PP1.05
   (4) Relation to the protection of copyright = PP1.07
   (5) 'No relation with other treaties' = PP1.11
  Article 2 : Definitions
   (1) Introductory remarks = PP2.01
   (2) 'Performers' = PP2.02
   (3) 'Phonograms' = PP2.05
   (4) 'Fixation' = PP2.09
   (5) 'Producer of a phonogram' = PP2.11
   (6) 'Publication' = PP2.12
   (7) 'Broadcasting' = PP2.14
   (8) 'Communication to the public' = PP2.18
  Article 3 : Beneficiaries of Protection under this Treaty
   (1) Protection provided to 'nationals' of other Contracting Parties : a misleading statement = PP3.01
   (2) Rome criteria in the WPPT = PP3.03
   (3) WPPT definitions for the Rome criteria = PP3.07
  Article 4 : National Treatment
   (1) The basic proposal = PP4.01
   (2) Debates and negotiations at the Diplomatic Conference ; the adoption of a different text = PP4.02
   (3) National treatment under the Rome Convention = PP4.08
   (4) National treatment under the TRIPS Agreement and the WPPT ; the application of WPPT Article 4 = PP4.13
  Article 5 : Moral Rights of Performers
   (1) Elements in common with Article 6bis of the Berne Convention = PP5.01
   (2) Differences in comparison with Article 6bis of the Berne Convention = PP5.03
  Article 6 : Economic Rights of Performers in their Unfixed Performances
   (1) Elements in common with the Rome Convention = PP6.01
   (2) Differences in comparison with the Rome Convention : the nature of the rights granted = PP6.02
   (3) The meaning of 'fixation' in Article 2(c) of the WPPT = PP6.04
   (4) Comparison with the TRIPS Agreement = PP6.08
  Article 7 : Right of Reproduction
   (1) Comparison with the Rome Convention, the TRIPS Agreement, the Berne Convention and the WCT = PP7.01
   (2) Mutatis mutandis application of the comments made on the right of reproduction concerning Article 1(4) of the WCT = PP7.04
  Article 8 : Right of Distribution
   (1) Comparison with the Rome Convention and the TRIPS Agreement = PP8.01
   (2) Comparison with the WCT ; mutatis mutandis application of the comments made concerning Article 6 thereof = PP8.02
  Article 9 : Right of Rental
   (1) Article 9 of the WPPT : a slightly adapted version of Article 14.4 of the TRIPS Agreement = PP9.01
   (2) 'Performances fixed in phonograms as determined in the national law of Contracting Parties' = PP9.02
  Article 10 : Right of Making Available of Fixed Performances
   (1) Introductory remarks = PP10.01
   (2) Fully fledged application of the 'umbrella solution', the principle of relative freedom of legal characterization, and the relationship with the Article 15 rights = PP10.02
   (3) Implementation of WPPT Article 10 = PP10.05
  Article 11 : Right of Reproduction
   (1) Comparison with the Rome Convention, the TRIPS Agreement, the Berne Convention and the WCT = PP11.01
   (2) Mutatis mutandis application of the comments made on the right of reproduction concerning Article 1(4) of the WCT = PP11.03
  Article 12 : Right of Distribution = PP12.01
  Article 13 : Right of Rental
   (1) Comparison with the Rome Convention and the TRIPS Agreement = PP13.01
   (2) No specific interpretation problem = PP13.02
  Article 14 : Right of Making Available of Phonograms = PP14.01
  Article 15 : Right of Remuneration for Broadcasting and Communication to the Public
   (1) Comparison with the Rome Convention and the TRIPS Agreement = PP15.01
   (2) The agreed statement concerning subscription-based transmissions = PP15.07
  Article 16 : Limitations and Exceptions
   (1) Comparison with the Rome Convention and the TRIPS Agreement = PP16.01
   (2) Mutatis mutandis application of the comments made on exceptions and limitations concerning Article 10 of the WCT = PP16.04
  Article 17 : Term of Protection = PP17.01
  Article 18 : Obligations concerning Technological Measures = PP18.01
  Article 19 : Obligations concerning Rights Management Information = PP19.01
  Article 20 : Formalities = PP20.01
  Article 21 : Reservations = PP21.01
  Article 22 : Application in Time
   (1) Comparison with the Rome Convention, the TRIPS Agreement, the WCT and the Berne Convention ; mutatis mutandis application of the comments concerning Article 13 of the WCT = PP22.01
   (2) Special rule for moral rights = PP22.02
  Article 23 : Provisions on Enforcement of Rights = PP23.01
 9. Administrative and Final Clauses of the WCT and the WPPT
  Introductory remarks = C&P01
  Article 15 of the WCT ; Article 24 of the WPPT : Assembly
   (1) Introduction = C15-P24.01
   (2) Dealing with the maintenance and development of the Treaty = C15-P24.02
   (3) Dealing with the application and operation of the treaties = C15-P24.03
   (4) Admission of certain intergovernmental organizations and participation of such organizations in votes = C15-P24.05
   (5) No financial obligations ; no specific programme = C15-P24.07
  Article 16 of the WCT ; Article 25 of the WPPT : International Bureau = C16-P25.01
  Article 17 of the WCT ; Article 26 of the WPPT : Eligibility for Becoming Party to the Treaty
   (1) Membership in WIPO as a condition for States to become party = C17-P26.01
   (2) Eligibility of intergovernmental organizations = C17-P26.02
  Article 18 of the WCT ; Article 27 of the WPPT : Rights and Obligations under the Treaty
   (1) Special provisions concerning intergovernmental organizations = C18-P27.01
   (2) Special provisions concerning states = C18-P27.02
  Article 19 of the WCT ; Article 28 of the WPPT : Signature of the Treaty = C19-P28.01
  Article 20 of the WCT ; Article 29 of the WPPT : Entry into force of the Treaty = C20-P29.01
  Article 21 of the WCT ; Article 30 of the WPPT : Effective Date of Becoming Party to the Treaty = C21-P30.01
  Article 22 of the WCT : No Reservations to the Treaty = C22.01
  Article 23 of the WCT ; Article 31 of the WPPT : Denunciation of the Treaty = C23-P31.01
  Article 24 of the WCT ; Article 32 of the WPPT : Languages of the Treaty = C24-P32.01
  Article 25 of the WCT ; Article 33 of the WPPT : Depositary = C25-P33.01
Ⅳ AFTER THE DIPLOMATIC CONFERENCE
 10. Adherence to the WCT and the WPPT and Continuation of the 'Unfinished Work'
  A. Introductory remarks = 10.01
  B. Signature and adherence to the WCT and the WPPT
   (1) Signature of the two treaties = 10.02
   (2) Adherence to the treaties = 10.04
  C. 'Audiovisual performances'
   (1) Restarting work after the Diplomatic Conference = 10.06
   (2) The Audiovisual Performances Committee = 10.09
   (3) 'Audiovisual performances' on the agenda of the SCCR = 10.17
   (4) The Diplomatic Conference = 10.39
  D. Sui generis protection for database makers
   (1) Extraordinary session of 'the competent WIPO Governing Bodies' = 10.56
   (2) The Information Meeting = 10.58
   (3) The issue of sui generis protection for databases on the agenda of the SCCR = 10.60
  E. The rights of broadcasting organizations
   (1) The Manila Symposium = 10.62
   (2) The rights of broadcasters on the agenda of the SCCR = 10.64
  F. Folklore and intellectual property
   (1) The Phuket Forum = 10.65
   (2) Protection of folklore : the copyright trap = 10.66
   (3) WIPO's new approach = 10.72
APPENDICES
 A. WIPO Copyright Treaty = 711
 B. Agreed Statement Concerning the WIPO Copyright Treaty = 719
 C. WIPO Performances and Phonograms Treaty = 721
 D. Agreed Statements Concerning the WIPO Performances and Phonograms Treaty = 731
 E. Berne Convention for the Protection of Literacy and Artistic works(1971 Paris Act) = 733
 F. International Convention for the Protection of Performers, Producers of Phonograms and Broadcasters Organization = 759
 G. Agreement on Trade-Related Aspects of Intellectual Property Rights(TRIPS) (Extracts) = 769
Index = 781


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