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No Deal Brexit Breakdown: Copyright

Written by Ellis Sweetenham on 02 October 2018

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With Brexit looming and the potential of a No Deal Brexit very real, it is important to sit up, take note and take action in respect of your IP.

Here at Lawdit, we have produced a series of articles to allow you to pinpoint the impact on your IP portfolio, no matter what that includes.

Please check out the other articles in the series, which will already be or coming up on the reading room.

In respect of copyright, as the system is unregistered, we rely heavily on international treaties to keep everything running smoothly.

The key one is the Berne Convention, which allows you to maintain international copyright protection and enforce it in a more straightforward manner.

On the next level down to that our key legislation comes in the form of copyright directives from the EU.

What we know so far is up to the day the UK officially leaves the EU, all EU legislation will continue to have value and standing in the UK.

In addition, the UK statues we have in place in implement such EU directives, will still stand, therefore in theory the position should not be radically changed.

However, the major issue lies with the Court of Justice for the European Union. At present, the CJEU has supremacy over the UK’s Supreme Court.

After the UK officially leaves, The CJEU will no longer have an impact on UK law on or after the exit day.

Therefore, any key cases and decisions made will effectively be ignored, which may lead to big differences in the law in the UK and EU, therefore having a potential impact on the actual exercising of the law.

There is also a question mark in respect of cases decided before the exit day. As these are not in the form of statute, they are not a solid part of our UK domestic law and may not be applied after the exit day.

The above is just the tip of the iceberg as there are many systems and treaties that have been developed over time which will need to be re-considered to avoid major confusion.

Unfortunately we are in the dark as much as you are but as soon as more news is released, be sure to check out the Reading Room for updates and a straightforward clarification as to what is round the corner,.

If you'd like to know more about this article please send an email to Ellis Sweetenham quoting the article title and any questions you might have, alternatively call the office number on 02380 235 979 or send an enquiry through our contact form.

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