Saturday, 25 July 2015

Change to transitional arrangements for the repeal of section 52

A news story on GOV.UK tells us that the statutory instrument to implement the repeal of section 52 - that's the section of the Copyright, Designs and Patents Act 1988 which shortens certain aspects of copyright protection when the work is applied industrially - has itself been repealed. It's only a few days since I posted a comment about the extended timescale for the repeal to come into operation (April 2020), remarking that it even allowed time for the repeal to be repealed. I doubt this has come about because someone read this blog. In fact, the official reason is that judicial review proceedings were being threatened, challenging the compatibility of the regulations with EU law, which of course is where this whole sorry episode started (with the copyright term directive and the perceived significance of the Arco lamps case, Case C-169/08 Flos v Semeraro).

Sadly, this doesn't mean that the government has seen sense. The website goes on to say:

The Government will launch a fresh consultation on revised transitional arrangements, including the date for implementing the repeal. A further announcement will be made when the new consultation is published.
I'll keep an eye open for it ... Pity if we don't the promised judicial review: that would have been much more interesting.

'via Blog this'

No comments:


blogger templates | Make Money Online