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

Derclaye, Estelle; Cook, Trevor


Professor of Intellectual Property Law

Trevor Cook


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.


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


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