The WIPO Treaties on Copyright: A Commentary on the WCT, the WPPT, and the BTAP, 2nd

摘要

International harmonisation of copyright law began 130 years ago with the signing of the Berne Convention. Currently, there are 168 signatories to the Convention, with Kuwait the last to join on December 2014. Since the adoption of the Berne Convention, the international community has adopted many historical treaties, established international organisations and forums, and become aware of the need to continue this legal journey. This process of harmonisation of international intellectual property norms is dependent on the political aspirations of Member States and their willingness to accept the advantages of legal globalisation. Member States show this willingness through their accession to many international treaties, projecting their understanding that when cultural and economic borders become less and less important, the need to harmonise legal norms becomes fundamental. However, in the background to this process there is still an unanswered question: whether states should retain their legal preferences or join international treaties and agreements that often mimic the laws of a certain category of states?