Theoretical Study On The 13～(th) Article Provided By TRIPS

Under some special cases, Using other's works without paying and being allowed by the owner of copyright are permitted by law, which is regarded as fair use in area of copyright intellectual property. Our country's fair use institutions constructed by the balancing between private interest and social common interest, furthermore, the social interest is superior to the private interest. The reason is the traditional argument that citing is not stealing, but the more important reason is less developed in the past, and there was regarded as spirit product almost without economic value. According to the 13th Article of TRIPS, Our fair use legal system is not enough compared to international level. Since 90s, 20 century, the intellectual economy times has coming, and we has made the aim of developing copyright industry, but our traditional fair use legal system can not satisfy the need of reality.For deceasing the discrimination, study on the 13th article is critical. The article exploit the meaning of the 13th article by explanation provided by the panel of EU v. US on the 110(5) article of US copyright law. Then, the article studies the theoretical meaning of the 13th article of TRIPS on the side of the reasonable standards of fair use. Finally, the article researches the operating machinery from the view of law applied.If we only pay attention to the theory value of the 13th article, there is the risk that we can't perform correctly the international law obligations. While, if we simply look into the operating machinery of the 13th article, we can't truly understand the theory of functionary of the 13th article.