The UK Intellectual Property Office (UKIPO) has approved
Jersey's entry into International Convention for the Protection
of Literary and Artistic Works (Paris Act 1971), more frequently
referred to as simply, the Berne Convention. This will come
into effect in January 2014.
The Berne Convention is the main copyright convention. It
was first agreed in 1886 and has been amended a number of times
since then. The convention allows for copyright protection
without any formalities, such as registration. In addition,
the convention establishes the principle of mutual international
recognition of copyright protection and enforcement by
parties.
This is a major step forward for Jersey in the fast-paced field of
intellectual property (IP) and is a consequence of the Intellectual
Property (Unregistered Rights) Jersey Law 2011 (the Law).
Examples of unregistered rights include: rights in literary,
dramatic, musical, cinematographic and artistic works. The
Law modernised Jersey's legislation in respect of unregistered
IP, bringing it in line with that of many other
jurisdictions.
Prior to the Law, Jersey had been unable to ratify the Berne
Convention because its legislation had been surpassed by that of
the UK and European Union. In drafting the Law, Jersey's
Ministry of Economic Development saw it as vital that the
international conventions recognising and simplifying enforcement
of copyright were extended to or ratified in Jersey. Since the
introduction of the Law in December 2012, UKIPO has been working
towards the requirements for the entry of Jersey into the Berne
Convention.
The Intellectual Property (Unregistered Rights) (Works of Foreign
Provenance) (Jersey) Order 2012 supplements provisions in the Law
setting out how the rights in the new Law apply to material having
its origin in other countries. Protection for relevant
material from other Berne Convention countries is an essential
requirement for convention membership. The convention
membership Jersey has achieved will ensure relevant material, which
has its origin in Jersey, will be exposed to no gaps in protection
in other convention countries.
Opportunities arising from the development of Jersey's
intellectual property laws, particularly when linked to the digital
sector, are seen as potentially a major contributor to Jersey's
economy in the future.
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