New Phenomena as a Challenge to the Interpretation of the Berne and Rome Conventions

Abstract

Abstract All legal norms, whether in a national law, an international treaty, or other legal instrument, were drafted at a particular point in time against the factual back ground prevailing at that time. In order to continue to be useful, the norms have to be adapted to new phenomena such as new technical, economic, and legal developments. Such adaptations may occur through amendments to legislation, revisions of treaties, or the conclusion of new treaties; where these are not realistic options (as in the case of the Rome and (after 1971) Berne Conventions), interpretation may help to a certain degree. Regarding the Berne and Rome Conventions, many new developments took place after 1961 and 1971, when the Rome Convention and the last revision of the Berne Convention were respectively adopted. They constituted challenges for the interpretation of these Conventions. This chapter illustrates these challenges on the basis of selected examples in order to show the need for new international provisions that indeed were later adopted as part of the TRIPS Agreement, the WCT, and the WPPT.