Intellectual Property (Unregistered Rights) (Jersey) Law 2011: Implementing Legislation

Information about the publication of Ministerial Decisions

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A decision made 26 October 2012:

Decision Reference: MD-E-2012-0130
Decision Summary Title :	Intellectual Property (Unregistered Rights) (Jersey) Law 2011 implementing legislation		Date of Decision Summary:	24 October 2012
Decision Summary Author:	Director Strategic Development		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Report on the Draft Intellectual Property (Unregistered Rights) (Application, Transitional Provisions And Savings) (Jersey) Regulations 201- Report on the Draft Intellectual Property (Unregistered Rights) (Jersey) Law 2011 (Appointed Day) Act 201-		Date of Written Report:	24 October 2012
Written Report Author:	Intellectual Property Strategy Manager		Written Report : Public or Exempt?	Public
Subject: Intellectual Property (Unregistered Rights) (Jersey) Law 2011 implementing legislation
Decision(s): The Minister approved: the draft Intellectual Property (Unregistered Rights) (Application, Transitional Provisions and Savings) (Jersey) Regulations 201- and report; the draft Intellectual Property (Unregistered Rights) (Jersey) Law 2011 (Appointed Day) Act 201- and report. The Minister directed that the documents be lodged au Greffe so as to allow the Regulations and Appointed Day Act to be debated by the States before the end of the year.
Reason(s) for Decision: The Intellectual Property (Unregistered Rights) (Jersey) Law 2011 modernises copyright law in the Island and provides an up to date framework for other unregistered intellectual property rights. The modern expression of rights and exceptions to rights in the Law for a world where much protected content is created digitally and made available over the internet generally matches the provision in UK and many other countries’ laws. Before bringing the Law into force, it is particularly important to make Regulations, as permitted under the Law, for the transition from the very old current copyright law in the Island, the UK Copyright Act 1911 as extended to the Island, to the new Law. (UK copyright law has been amended many times since 1911, including by completely updating it on two occasions.) The draft Regulations set out in detail when and how the new Law will apply to existing copyright works and other existing material. The Law and draft Regulations comply with major international conventions and treaties which a very large number of countries in the world belong to. Bringing the Law into force will enable the Island to vigorously pursue extension of the UK’s membership of these conventions and treaties to Jersey. The Law and Regulations will deliver a sound legal framework on unregistered intellectual property rights that will in turn underpin work towards diversification of the Island’s economy in the area of e-commerce in particular. Convention membership will further enhance Jersey’s attractiveness as a place to do business. The Regulations will come into force the day the Law comes into force and the Appointed Day Act provides for the Law to come into force 7 days after the Act is adopted by the States. It should be noted that the Chief Minister has been asked to sign this Ministerial Decision due to the unavoidable absence of the Economic Development Minister.
Resource Implications: There are not expected to be any financial or resource implications arising from adoption of the draft Regulations and Appointed Day Act by the States. Evidence from the UK and Isle of Man suggests that the licensing authority created by the Law to adjudicate on terms and conditions of collective licensing of rights will in practice be unlikely to have to resolve a case, but Economic Development Department should, in any case, be able to cover the costs of two or more cases from existing resources should this be necessary. In the unlikely event that extraordinary case costs were to arise that could not be managed from within the Economic Development Department’s business as usual resources an application would need to be made to the corporate contingency fund managed by States Treasury.
Action required: The draft Intellectual Property (Unregistered Rights) (Application, Transitional Provisions and Savings) (Jersey) Regulations 201- and the draft Intellectual Property (Unregistered Rights) (Jersey) Law 2011 (Appointed Day) Act 201-, and the reports on both of these, to be lodged to enable a debate on both later this year so that, if adopted by the States, the 2011 Law comes into force before the end of this year.
Signature: Senator I.J.Gorst		Position: Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):