Table of Contents

EU Copyright Law

EU Copyright Law

A Commentary

Elgar Commentaries series

Edited by Irini A. Stamatoudi and Paul Torremans

Presenting a comprehensive and up to date article-by-article analysis of all EU law in the area of copyright, as well as of the underlying basic concepts and principles, this unique book takes into account all recent legislative amendments and pending initiatives in the context of the EU Digital Agenda, as well as the case law of the Court of Justice of the European Union. Published as part of the Elgar Commentaries series, it discusses challenges for the future that will underpin copyright in the years to come. It also presents ongoing discussions in WIPO and assesses the role of copyright in society and economy both from an EU and an international perspective. It is a thorough and in-depth analysis from a team of leading experts in the field, which combines aspects of theory and practice and places copyright in perspective.

Chapter 19: THE EU STANCE IN INTERNATIONAL MATTERS

Gillian Davies

Subjects: law - academic, intellectual property law, law -professional, intellectual property law

Extract

So far as matters upon which the European Union (EU) has legislated are concerned, the Commission claims competence to represent the views of the Member States in international fora. Thus, in the light of the acquis communautaire in the field of copyright and related rights established by the nine Directives adopted to date on various aspects of these rights, the EU has for some years played an active role in multilateral external relations on the subject of copyright and related rights. The acquis communautaire in this context embraces the general principles of the EU Treaties and legislation, including the Directives on copyright and related rights, as interpreted by the Court of Justice. In intergovernmental meetings, the spokesman for the Union is normally a representative of the Commission, speaking on behalf of the Union and its Member States. Sometimes, the spokesman is the head of the delegation of the Member State which at the time occupies the rotating Presidency of the Union. The EU first took a leading role in the negotiations which led to the adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPs Agreement) in 1994 but subsequently has claimed competence to represent the Member States of the Union in inter-governmental meetings on copyright and related rights convened by the World Intellectual Property Organisation (WIPO).

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