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What is Transitional Provisions in Intellectual Property Legislation about?
Intellectual property rights endure for long periods. Under current European laws, patents last 20 years, registered designs up to 25 years, a copyright can easily last over 100 years and a trade mark may remain registered indefinitely. The law cannot remain static for such long periods, however. Changes in technology, business models and social attitudes, among other things, mean that intellectual property legislation must be periodically revised if it is to remain fit for purpose. 2 Although the speed with which legislatures react to the need for change varies greatly, most countries do introduce new or amended laws from time to time. In addition, the desire for increased harmonisation, both internationally and regionally, is another factor that leads to legislative change. What happens when new legislation comes into force? If the legislation is creating an entirely new right, such as the Community trade mark (now EU trade mark) or Community registered design, then it is possible for the legislature to start with a clean sheet. 3 More usually, however, there will be existing rights to which the legislation may apply. In these circumstances the legislature is faced with a series
- Author
- Richard Arnold
- Publisher
- Cambridge University Press
- Published
- 2021
- Language
- EN
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