The Berne Convention

Developed following an international assembly in Berne in 1886, The Berne Convention established a series of legal principles intended to protect copyright in literary and artistic works. 

The convention provides creators with the means to control how their works are used, by whom, and on what terms. It has also been used to inform how copyright law is established and administered internationally (in member countries). 

Administered by the World Intellectual Property Organization (WIPO), the Convention was initially only made up of ten European nations. Now, more than 180 countries are members. 

Basic Principles & Purpose Of The Convention 

Each country that has ratified the Berne Convention, recognises that creators of literary and artistic works should be automatically protected in the same way globally that they would be in their own country.

The Convention is governed by recognition of and adherence to five fundamental principles including: 

  • National treatment
  • Automatic protection
  • Minimum standards of protection
  • Independence of protection, and 
  • Duration of protection

It also references the right of reproduction, distribution, and communication to the public. 

The Conventions Role In Intellectual Property Law

In Australia and all countries that have signed this international treaty, the Convention has been and is used to develop and apply legislation regarding intellectual property (IP). 

This means that your rights are acknowledged both here and in signed countries in accordance with the Convention so long as they meet key criteria. 

It is not a substitute for pursuing overseas patents or trademarks, however is purely for protecting copyright in creative works in the art or literary fields. 

International patent and trademark protection should be pursued through a qualified IP attorney. 

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