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. During the Uruguay Round negotiations, it was recognized that the Bern Convention already provided, for the most part, adequate basic standards for copyright protection. That is why it was agreed that the starting point would be the level of protection that existed under the recent Paris Act of 1971. The starting point is Article 9.1, which obliges members to comply with the material provisions of the 1971 Paris Act of the Bern Convention, i.e.
Articles 1 to 21 of the Berne Convention (1971) and the Annex. However, members do not have rights or obligations arising from the TRIPS agreement with respect to the rights conferred under Article 6 bis of this Convention, that is, moral rights (the right to claim paternity and to recount any derogatory act relating to a work that would damage the honour or reputation of the author) or the rights that flow from it. The provisions of the Berne Convention concern issues such as the purpose to be protected, the minimum duration of protection and the rights to be transferred, as well as the restrictions allowed on those rights. The annex allows developing countries to limit translation and reproduction rights under certain conditions. The general objectives of the ON TRIPS agreement are contained in the preamble to the agreement, which echoes the fundamental negotiating objectives of the Uruguay Round, set in the TRIPS zone by the 1986 Punta del Este Declaration and the 1988/89 mid-term review. These objectives include reducing distortions and barriers to international trade, promoting effective and adequate protection of intellectual property rights, and ensuring that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade. These objectives should be understood in conjunction with Article 7 Objectives, under which the protection and implementation of intellectual property rights should contribute to the promotion of technological innovation and the transfer and dissemination of technology, to the mutual benefit of producers and users of technological knowledge, and in a way that promotes social and economic well-being, and to the balance of rights and obligations. Article 8, entitled “Principles,” recognizes the right of members to take action for public health and other public interest reasons and to prevent abuses of intellectual property rights, provided these measures are consistent with the provisions of the TRIPS agreement.
For the purposes of dispute resolution under this agreement, and subject to Articles 3 and 4, this agreement is not used to address the issue of the depletion of intellectual property rights.