Trade-Related Aspects of Intellectual Property Rights - Review of TRIPS Implementing Legislation

1. Member raising question and answering

Member raising question

United States of America

Member answering

Austria

4. Please explain whether and how Austria provides full retroactive protection to works, phonograms and performances from other WTO Members, as required by TRIPS Articles 9.1, 14.6 and 70.2, each of which incorporate by reference or rely upon Berne Article 18. Please give the date back to which such

4. Answer

The full retroactive protection to works, phonograms and performances from other WTO Members, as required by TRIPS Articles 9.1, 14.6 and 70.2, is provided by the provisions on the applicability of the Copyright Statute quoted in the answer to question 1. This means that protection extends back to 1926 with respect to works (year in which the author died) and back to 1916 with respect to performances (year in which the performance took place) and to phonograms (year of the fixation or publication).

1. Member raising question and answering

2. Category and subcategory

3. Question

4. Answer