1. Members are implementing the provisions of this agreement. Members may, but are not required to, implement in their legislation a broader protection than is provided by this agreement, unless that protection is contrary to the provisions of the agreement. Members are free to define the appropriate method for implementing the provisions of this agreement in their own legal and practical order. TRIPS is unique in these anti-intellectual property agreements because WTO membership is a “package agreement,” meaning that WTO members are not free to choose between agreements. They are governed by all multilateral WTO agreements, including trips. However, given that the TRIPS agreement is more than a decade old, several new developments, such as the internet and digital copyright, advanced biotechnology and international harmonization, the process of creating uniform global standards for laws or practices, are not being addressed. It lays the floor for the minimum protection of intellectual property, not the ceiling. During the Uruguay Round negotiations, it was recognized that the Bern Convention already provided, for the most part, adequate basic standards for copyright protection. That is why it was agreed that the starting point would be the level of protection that existed under the recent Paris Act of 1971. The starting point is Article 9.1, which obliges members to comply with the material provisions of the 1971 Paris Act of the Bern Convention, i.e. Articles 1 to 21 of the Berne Convention (1971) and the Annex. However, members do not have rights or obligations arising from the TRIPS agreement with respect to the rights conferred under Article 6 bis of this Convention, that is, moral rights (the right to claim paternity and to recount any derogatory act relating to a work that would damage the honour or reputation of the author) or the rights that flow from it.
The provisions of the Berne Convention concern issues such as the purpose to be protected, the minimum duration of protection and the rights to be transferred, as well as the restrictions allowed on those rights. The annex allows developing countries to limit translation and reproduction rights under certain conditions.