The Marrakesh Treaty and its relationship with other intellectual property treaties

The Marrakesh Treaty on Facilitating Access to Published Works for Persons who are Blind, Visually Impaired or Other Print Disabled (referred to as the “Marrakesh Treaty”) was adopted on June 27, 2013. It is a world knowledge An important treaty administered by WIPO. This treaty has significant humanitarian and social development characteristics and aims to create a set of copyright limitations and exceptions that benefit blind, visually impaired and other print disabled persons.

Join conditions

Membership of other international copyright treaties is not required to join the Marrakesh Treaty; membership is open to WIPO member states and the European Community. However, the Party receiving the accessible version, which is not obliged to apply the three-step test set out in Article 9 of the Berne Convention, must ensure that the accessible version is not redistributed outside its jurisdiction. Furthermore, cross-border transfers by authorized entities are not permitted unless the Contracting Party making the accessible version is a party to the WIPO Copyright Treaty or otherwise applies the limitations and exceptions intended to implement the Marrakesh Treaty. Step test method.

The role of authorized entities

Authorized entity is the core concept of the treaty, which refers to a non-profit organization that is endowed with a series of exceptions and limitations for copyright in order to solve the problem of lack and dissemination of works in accessible formats. For example, public institutions such as libraries can produce accessible formats on this basis and distribute them through non-commercial lending or electronic dissemination. These activities are subject to certain conditions: having legal rights to use the work, making only the necessary modifications required to make the work accessible, and making these versions available only to beneficiaries.

International Cooperation Framework

The Marrakesh Treaty requires contracting parties to provide for limitations or exceptions in domestic copyright laws for visually impaired persons. In addition, the treaty also stipulates that contracting parties will allow the import and export of accessible formats under certain circumstances. In terms of import, if an accessible format version can be produced in accordance with domestic law, the accessible format version can also be imported without authorization from the rights holder. With respect to export, an accessible format copy made under limitations or exceptions or other laws may be issued or made available by an authorized entity to a beneficiary or authorized entity of another Party.

Other intellectual property treaties

WIPO Copyright Treaty

The WIPO Copyright Treaty was concluded at a diplomatic conference hosted by the World Intellectual Property Organization on December 20, 1996 and attended by representatives of more than 120 countries. It aims to solve the problem of copyright issues in the international Internet environment. New copyright protection issues arising from the application of digital technology. Our country joined the Convention on March 9, 2007, and the Convention came into effect for our country on June 9, 2007.

Patent Cooperation Treaty

The Patent Cooperation Treaty is the most important international treaty in the field of patents after the Paris Convention. In November 1993, the Patent Office of my country promulgated the “Regulations on China’s Implementation of the Patent Cooperation Treaty”, which came into effect on January 1, 1994, and became one of the contracting parties to the treaty.

Trademark Law Treaty

The Trademark Law Treaty, concluded in 1994, aims to unify and simplify national and regional trademark registration procedures. Our country signed the treaty on October 28, 1994.

Patent Law Treaty

The Patent Law Treaty, adopted in 2000, aims to harmonize the formal requirements of national patent offices and regional patent offices and simplify the procedures for obtaining and maintaining patents.

Nairobi Treaty

Nairobi Treaty on the Protection of the Olympic Symbol, referred to as the Nairobi Treaty, was adopted in 1981.

Washington Convention

The “Washington Treaty on Intellectual Property in Respect of Integrated Circuits” (Washington Treaty on Intellectual Property in Respect of Integrated Circuits), referred to as the “Washington Convention” or “Integrated Circuits Treaty”, was signed in Washington on May 26, 1989.

Our country signed the treaty on May 1, 1990.

Conclusion

The Marrakesh Treaty not only focuses on copyright protection, but also on human rights and social development, providing more resources and support for the visually impaired. In addition, through cooperation with other intellectual property treaties, the World Intellectual Property Organization plays a key role in promoting global intellectual property protection [[1][[2][[3][[5]]].