In 1988, The Canada and the United States of America signed the Free-trade Agreement of North America. They wrote in a compulsory licence of cablodistribution: cablodistributors could, without consent, intercept the broadcasting waves but would also have to give them a financial compensation. / In 1995, the WTO2 elaborated the Trade related intellectual property agreement (TRIPS). The latter grants the broadcastors a right to authorize or to prevent the communication of their waves to the public. / Is the existence of the compulsory licence compromised by this agreement? We believe not. Indeed, justifications to the compulsory licence are found in the TRIPS: the general derogation of section 13 and the insertion of the Berne Convention through section 9 allow such licence. We also establish that the national treatment and the most-favoured nation clauses do not apply to the compulsory licence. / 2World Trade Organization
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.33368 |
| Date | January 2000 |
| Creators | Simard, Marie-Pierre. |
| Contributors | Lametti, David (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | French |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001766456, proquestno: MQ70676, Theses scanned by UMI/ProQuest. |
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