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

Luxembourg

10. Article 7 of Luxembourg neighbouring right law grants protection only to Luxembourg nationals and to those works originally fixed in Luxembourg. Please explain how this protection complies with the national treatment requirement in Article 3 of TRIPS, which requires that the phonograms of nationals of Member States be treated no less favourably than the phonograms of Luxembourg nationals.

4. Answer

According to the EC Directive 93/98 EEC and the new draft amendment, the duration of the protection is granted to works created in the European Union. The new draft of an amendment will extend the grant to works created in a WTO Member State. Article 17 of the neighbouring rights law provides however clearly that the effects of international conventions, such as the TRIPS Agreement, are prevailing.

1. Member raising question and answering

2. Category and subcategory

3. Question

4. Answer