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The IP BREXIT and the Copyright

  • 18 July 2016
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In the various figures, projects or processes of coordination at European level concerning the Industrial and intellectual property rights (copyright) it can also be affected, as we indicated our expert Dolores Carmona:


The scope of protection ,use and exploitation of copyright derived from an Intellectual creation (music, software, books, audiovisuals, etc.) in a first stage should not be affected by the Brexit. At present, both in the UK and all member countries of the Union, the rules governing aspects of copyright, have been harmonized through the implementation in each of the countries of the Union, the various directives in this field that have been published in recent years.

Notwithstanding the foregoing, it must be borne in mind that in the field of copyright there are international treaties that have prior and superior carácter to the above Directives , including the Berne Convention and the Rome Convention, so that nationals of these countries have protected their works in all signatory countries, which are virtually worldwide, so there are minimum principles that protect the works of authors from the signatory countries, and authors who are not nationals of countries that have ratified the Conventions by works that have been published for the first time in any of these countries.

Now it is true that the digital environment and the work of marketing over the Internet has led to the continuous adaptation and thus legislative changes in all national legislation in this area. The exit of UK from the Union at a later stage, might actually involve a gap in the regulatory framework with respect to other countries whose impact could be higher or lower depending on the restrictions that legal level the UK wants to establish with the rest of the countries. Therefore we will be very attentive to the news published on this subject.

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The IP BREXIT and the Copyright