An EU Copyright Code: what and how, if ever?

Derclaye, Estelle; Cook, Trevor

Abstract

2011 marks the 20th anniversary of the adoption of the first Directive in the field of copyright. However, while trademark, designs and plant variety rights are all almost fully both harmonised and unified, copyright is still not. Yet, the next decade may see a wind of change. In 2009, the Commission issued a paper in which it seriously considers a Regulation as a possible way forward in the field of copyright. The Treaty on the Functioning of the European Union now includes an article giving specific competence for unification in the field of intellectual property and in 2010, the Wittem project for a European copyright code, an academic proposal, was published. In the light of these developments, this article envisages whether unification and codification are indeed the way forward. It first examines the form any future EU legislative initiative in the field of copyright should take and then, its content.

Citation

Derclaye, E., & Cook, T. (2011). An EU Copyright Code: what and how, if ever?. Intellectual Property Quarterly, 3,

• Journal Article Type: Article
• Publication Date: Jan 1, 2011
• Deposit Date: Nov 21, 2012
• Publicly Available Date: Dec 2, 2022
• Journal: Intellectual Property Quarterly
• Print ISSN: 1364-906X
• Electronic ISSN: 1364-906X
• Publisher: Sweet and Maxwell
• Peer Reviewed: Peer Reviewed
• Volume: 3
• Public URL: https://nottingham-repository.worktribe.com/output/1010583