Legal Definitions - Berne-minus

Definition: Berne-minus is a term used to describe the second sentence of Art. 9(1) of the TRIPs Agreement. This sentence states that intellectual-property rights and duties under the Berne Convention will not be enforced on noncomplying signators through the TRIPs Agreement. This means that some countries may not be required to follow certain intellectual-property laws.

Example: The United States has been criticized for its "Berne-minus" attitude towards protecting the moral rights of authors and artists. This means that the U.S. may not enforce certain intellectual-property laws that other countries are required to follow.

Explanation: The example illustrates how the U.S. is not fully complying with the Berne Convention and TRIPs Agreement. This can lead to criticism from other countries and may affect the protection of intellectual-property rights for authors and artists in the U.S. and abroad.