DIPLOMATIC CONFERENCE
ON
CERTAIN COPYRIGHT AND NEIGHBORING RIGHTS QUESTIONS

Geneva, December 2 to 20, 1996

AMENDMENT TO ARTICLE 4 OF DRAFT TREATY No. 1

proposed by the Delegation of India on behalf of the Asian Group

During discussions in the Main Committee I on 6th December 1996, it was clarified that the intention of Article 4 was not to add or detract from the substance of Article 10 of the TRIPS Agreement, Article 4 should be interpreted in the exactly the same manner as Article 10 of the TRIPS and the provisions of Article 4 did not impose any obligation on member States over and above those under Article 10 of the TRIPS. In order to definitively incorporate this interpretation in the text the following editorial changes are suggested:

“Computer programs are protected as literary works within the meaning of Article 2 of the Berne Convention. Such protection applies only to expressions of a computer program in source or object code.”

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