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Quaedvlieg, Antoon --- "Overlap/Relationships between Copyright and Other Intellectual Property Rights" [2009] ELECD 178; in Derclaye, Estelle (ed), "Research Handbook on the Future of EU Copyright" (Edward Elgar Publishing, 2009)

Book Title: Research Handbook on the Future of EU Copyright

Editor(s): Derclaye, Estelle

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847203922

Section: Chapter 19

Section Title: Overlap/Relationships between Copyright and Other Intellectual Property Rights

Author(s): Quaedvlieg, Antoon

Number of pages: 37

Extract:

18 Choice of law in EU copyright directives
Paul Torremans*



Introduction
Fortunately the aim of this book is to look at the future of European Union
copyright. It is after all the case that the current European Union copyright
rules have ignored the issues that arise in the context of private international
law. In the course of this chapter we will briefly mention a private interna-
tional law rule in relation to satellite broadcasting that was not supposed to be
a private international law rule, but apart from that there is really nothing to
write about. The European legislature has not addressed the problems of
private international law at all in its copyright directives. These problems are
nevertheless very real and will need to be addressed in the near future either
at European or at international level. All we have at present are certain rules
in relation to jurisdiction that will also apply to copyright cases. The Rome II
text1 also comes from a private international law, rather than a copyright
angle, but at least it seems to confirm the rules we had already.
It is therefore proposed to clarify the existing situation and at the same time
indicate some areas where the European legislature could usefully intervene in
the future.

Existing legislation
Like the vast majority of national copyright acts, the UK's Copyright, Designs
and Patents Act 1988 does not contain a true choice of law rule. Section 1
immediately sets out to define the various types of ...