News of Jersey's recent membership of the Berne Convention
for the Protection of Literary and Artistic Works, has been
confirmed by the UK Intellectual Property Office (UKIPO). The Berne
Convention is the most widely recognised copyright convention and
was ratified by the UK in 1886. Jersey's membership will come
into effect in January 2014.
The Berne Convention requires its members to recognise the
copyright of works of individuals from other member countries the
same way that it recognises its own nationals works, and provides
for copyright protection without any formalities, such as
registration. This is good news for Jersey in the fast developing
world of intellectual property, as it ensures automatic copyright
protection of artistic works originally created in Jersey in most
parts of the world.
Jersey's membership comes as a consequence of updating
Jersey's century old copyright law and the subsequent enactment
of the Intellectual Property (Unregistered Rights) Jersey Law 2011
(the Law), which protects unregistered rights in literary,
dramatic, musical and artistic works. The UKIPO has been working
towards Jersey's membership of the Berne Convention since the
implementation of the Law in late 2012. The Law, along with
membership of the Berne Convention, provides individuals with the
certainty that any works originating in Jersey will receive the
same copyright protection given internationally. Prior to the Law,
Jersey was unable to ratify the Berne Convention as its legislation
The Law is supported by an Order that came into force in 2012
which provides users with guidance on how the rights contained in
the Law apply to works originating in other jurisdictions,
protection of which was a definite requirement for membership of
the Berne Convention. Membership of the Berne Convention is
reciprocal, in that it will ensure works originating in Jersey will
afford the same protection in other convention countries as it does
The modernisation of the Intellectual Property law in Jersey
along with membership of the Berne Convention has provided an
international framework when making decisions about where to locate
and invest in creative works, and also assists in diversifying
Jersey's economy for the future.
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As reported in the market updates section of this newsletter, the UAE Ministry of Economy recently reviewed the fees charged by its various departments, including the Trade Mark, Patent and Copyright Office.
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