Journal Article

Implementing Community obligations in the realms of intellectual property

Phillip Johnson

in Journal of Intellectual Property Law & Practice

Volume 1, issue 7, pages 449-457
Published in print June 2006 | ISSN: 1747-1532
Published online May 2006 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpl060
Implementing Community obligations in the realms of intellectual property

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Legal context. The various Acts of Parliament governing UK intellectual property law have been significantly amended to give effect to Community law. This article discusses the powers used by the Secretary of State to implement Community obligations and the Court of Appeal's recent clarification of the scope of those powers.

Key points. This article describes the concerns expressed by some commentators on the scope of the powers under the European Communities Act 1972 and the key cases on that scope, including Oakley v Animal. The article uses the implementation of performers' moral rights as an example of where going beyond strict Community obligations is necessary.

Practical significance. The article will be useful to anyone considering the validity of the changes made to domestic law, including amendments to primary legislation, to implement Directives or other Community obligations.

Journal Article.  5980 words. 

Subjects: Arbitration ; Intellectual Property Law

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