World Intellectual Property Organization

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ORIGINAL: English
DATE: August 30, 1996

WORLD INTELLECTUAL PROPERTY ORGANIZATION

GENEVA

DIPLOMATIC CONFERENCE
ON
CERTAIN COPYRIGHT AND NEIGHBORING RIGHTS
QUESTIONS

Geneva, December 2 to 20, 1996

BASIC PROPOSAL
FOR THE SUBSTANTIVE PROVISIONS OF THE TREATY ON CERTAIN QUESTIONS CONCERNING THE PROTECTION OF LITERARY AND ARTISTIC WORKS TO BE CONSIDERED BY THE DIPLOMATIC CONFERENCE

prepared by the Chairman of the Committees of Experts

on a Possible Protocol to the Berne Convention
and on a Possible Instrument for the Protection of the Rights of Performers and Producers of Phonograms


Draft Treaty

Notes on Article 5

5.01 The wording of Article 5 follows closely the provision on the protection of databases in Article 10.2 of the TRIPS Agreement. The term "collection" has been used in the proposal while the TRIPS Agreement uses the term "compilation". No substantive difference is intended; "collection" is a term used in Article 2(5) of the Berne Convention for a protectable collection of works, while in the proposed Article 5 the term "collection" refers to all collections or compilations of data or other materials, including works. It should be understood that protection under this Article arises by virtue of the creative efforts of the author in selecting or arranging such materials.

5.02 This provision is of a declaratory nature. It confirms what is already covered by the Berne Convention.

[End of Notes on Article 5]


Article 5

Collections of Data (Databases)

Collections of data or other material, in any form, which by reason of the selection or arrangement of their contents constitute intellectual creations, are protected as such. This protection does not extend to the data or the material itself and is without prejudice to any rights subsisting in the data or material contained in the collection.

[End of Article 5]


 

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