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New image rights legislation is set to be introduced in Guernsey
by mid 2012 and this will be of benefit for high profile, wealthy
individuals to protect their reputation. There may also be tax
advantages.
This new legislation will lead the way in recognising Image
Rights on a statutory footing and see the introduction of a
register of image rights which is a world first.
Image Rights are widely recognised as being a valuable asset
especially for sports stars and show business celebrities. The
Guernsey legislation is intended to assist in the drafting of
commercial agreements and provide clarity.
Those wishing to do so can obtain a registered Guernsey Image
Right protecting certain definable aspects such as their name and
less tangible characteristics such as gestures, distinctive
expressions or other attributes. The legislation will balance the
protection of the image rights against other important rights such
as freedom of news reporting and public interest.
A Guernsey Image Right may well be registered by a person's
estate so that protection is offered to the living and the
deceased, for example, in the case of international recording
stars, the use of their image may well provide a source of income
for their heirs for years to come.
Moore Stephens in the Channel Islands will be able to provide
the most appropriate structures for your clients to protect their
Image Rights as soon as the legislation is enacted and we will keep
you informed as to the progress of the bill. In the meantime, if
you have any clients whom you know will benefit from the
introduction of the new law, please get in touch with us at the
earliest opportunity so that we can discuss what is needed and be
prepared as soon as the legislation is enacted.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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The eBay electronic marketplace or any such other marketplaces or auction sites usually facilitate the purchase and sale of goods over the internet by individuals.
Like certain other offshore jurisdictions, such as Guernsey, Jersey has recognised the importance of having a modern intellectual property regime that adheres to international standards.
The evolution and development of the Internet has assisted the appearance of new forms of advertising and trading. Advertising systems such as Google AdWords and online marketplaces such as eBay have been created.
As the above analysis has indicated trade marks are valuable corporate assets and in cases where they are correctly exploited, they provide their trade mark proprietors with more fame, distinctiveness and benefits.
A new Patents and Trade Marks Law came into effect in the Cayman Islands on December 7, 2011.
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