1. Members are implementing the provisions of this agreement. Members may, but are not required to, implement in their legislation a broader protection than is provided by this agreement, unless that protection is contrary to the provisions of the agreement. Members are free to define the appropriate method for implementing the provisions of this agreement in their own legal and practical order. The ON TRIPS agreement is a minimum model agreement that allows members to more broadly protect intellectual property protection on demand. Members are free to determine the appropriate method of transposing the provisions of the agreement into their own legal and practical order. The ON TRIPS agreement requires Member States not only to protect the design of integrated circuits in accordance with the provisions of the IPIC Treaty, but also to clarify and/or build four points. These points relate to the duration of protection (10 years instead of eight, Article 38), the applicability of protection to articles that violate integrated circuits (last sub-clause of Article 36) and the treatment of innocent offenders (Article 37.1). The terms of the ADPIC agreement in Article 31 apply mutatis mutandis to the compulsory or non-compulsory granting of a layout licence or to its use by or for the government without the authorisation of the right holder instead of the provisions of the IPIC compulsory licensing contract (Article 37.2).
In accordance with Article 14.3, broadcasters have the right to prohibit unauthorized fixing, reproduction of bindings and wireless broadcasting, as well as the public disclosure of their television programmes. However, it is not necessary to grant such rights to broadcasters where, subject to the provisions of the Berne Convention, copyright holders in the subject of the mailings have the opportunity to prevent such acts. The World Trade Organization (WTO) is the international organization that deals with trade rules between nations. Since February 2005, 148 countries have been members of the WTO. Countries are committed to complying with the 18 specific agreements attached to the WTO agreement. They cannot choose to be proponents of certain agreements, but not others (with the exception of some “multilateral” agreements that are not mandatory). The TRIPS agreement contains, in reference to the provisions of the Berne Convention on the Protection of Literary and Artistic Works (Art. 9), with the exception of moral rights. It has also incorporated, referring to the material provisions of the Paris Convention on the Protection of Industrial Property (Article 2.1). The TRIPS agreement explicitly states that software and databases are copyrighted and subject to the originality requirement (Article 10). 1.
Each member treats the nationals of the other members no less favourable than that accorded to its own nationals in the area of intellectual property protection (3), subject to the exceptions already provided for by the Paris Convention (1967), the Bern Convention (1971), the Rome Convention or the Treaty on Intellectual Property with regard to integrated circuits. For performers, phonogram producers and broadcasters, this obligation applies only to the rights of this agreement.