Changes To Be Made In Sudanese Copyright And Neighbouring Rights Law To Comply With The Trips

Abstract

The purpose of this thesis is to reflect and examine the areas of copyright and neighbouring rights which need some changes in order to make them comply with the TRIPS. The dissertation is divided into three chapters: copyright; neighbouring rights; and conclusion and recommendations. This thesis is based on numerous bibliographical references and sources including articles, documents and electronic publications. The ultimate end of this thesis is to make proposals for the necessary changes to be made in Sudanese Copyright and Neighbouring rights Law to comply with the TRIPS Among the recommendations are the following: First, the future Sudanese Copyright Law should extend the benefit of the protection to foreign nationals of countries that are members of the WTO as well as to works first published in a WTO country. Second, Sudan has to take advantage of the Appendix of the Berne Convention in favour of developing countries; the future law should include provisions to that effect. Third, The Copyright and Neighbouring Rights Act 1996 should be amended to provide for droit de suit. Fourth, the new copyright and neighbouring rights law should rectify the term of protection in compliance with both Article 7 of the Berne Convention and Article 12 of the TRIPS Agreement. Fifth, Sections 26 -28 of the Act should be amended, in particular for the purpose of clarifying the economic rights of performers. Sixth, a transitory measure should be spelled out. The draft of the future Sudanese copyright law should extend the scope of the transitory measures not only to works, but also to the subject matter that is covered by neighbouring rights. Seventh, at present, the 1996 Copyright Act does not contain a limitation on the exclusive rights of recording musical works and works pertaining there to, through issuing compulsory licenses. Sudan must introduce such a limitation in its new law