LITERARY AND ARTISTIC PROPERTY (INTELLECTUAL PROPERTY PROTECTION)

Literary and artistic property according to the intellectual property law shall cover three aspects to wit;

  • The protection of copyright
  • The protection of the rights of artists, performance, phonogram producers, broadcasting organizations and related rights
  • The protection and promotion of the cultural heritage.
  1. Copyright Protection: According to the intellectual property law, copyright protection shall be applicable to the following;
  2. Works of which the author or any other original holder of copyright is a natural of one of the member states of the organization or has his habitual residence or headquarters in such state,
  3. Audiovisual works of which the producer is a national of one of the member states of the organization or has his habitual residence or his headquarters in in such state,
  4. Works published for the first time on the territory of one of the member states of the organization or published for the first time in a foreign country and also published in one of the member states of the organization within a period of 30 days,
  5. Works of architecture erected in one of the member states of the organization.
  • Rights of Performers, Producers of Phonograms and Broadcasting Organizations: According to the intellectual property law, protection under this scope shall be applicable to;
  • Performances where;

. The performer is a national of one of the member states of the organization,

. The performance takes place on the territory of one of the member states of the organization,

. A performance which has not been fixed on a phonogram is incorporated in a broadcast program protected under this law.

  • Phonograms where;

. The producer is a natural of one of the member states of the organization, or

. The first fixation of the sound has been done in one of the member states of the organization

  • Broadcast Programs Where;

. The headquarters of the organization is located on the territory of one of the member states of the organization, or

. The broadcast program has been transmitted from a station located on the territory of one of the member states of the organization.

  • Protection and Promotion of the Cultural Heritage: Cultural heritage according to the intellectual property law comprises of all those material or immaterial human productions that are characteristic of a nation over time and space. Such productions relate to; folklore, sites, monuments and ensembles.
  • Folklore: This means the literary, artistic, religious, scientific, technological and other traditions and productions as a whole created by communities and handed down from generation to generation. Folklore shall comprise of the following;

. literary works of all kinds, whether in oral or written form, stories, legends, proverbs, epics, chronicles, myths, riddles.

. Artistic styles and productions such as musical dances, musical productions of all kinds, dramatic, dramatico-musical, choreographic and pantomime productions, styles and productions of fine art and decorative art by any process, architectural styles etc.

. Religious traditions and celebrations such as rites, rituals, objects, vestments and places of worship invitations.

. Educational traditions.

. Scientific knowledge and works.

. Technical knowledge and production.

  • Sites: These are works of man or joint works of man and of nature as well as those areas including archeological sites, designated as of importance from a historic esthetic, ethnological or anthropological, paleontological or archeological point of view.
  • Monuments: These are works of architecture, sculpture or monumental painting, elements or structures of an archeological nature, rock painting sites, inscriptions, caves and groups of elements whose conservation is of public interest from the point of view of the history of arts or science, of paleontology or of the environment, of archeology, prehistory or history. Consequently, movable and immovable property designated for religious or non-religious purposes as of importance for archeology, prehistory, history, literature, art or science are considered monuments if they belong to the certain categories.
  • Ensembles: These are groups of individual or assembled constructions which by reason of their architecture, unity or integration in the landscape, are designated as of importance from an esthetic, ethnological or anthropological, paleontological or archeological point of view.
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