Rosati on Brexit and Copyrigt

Eleonora Rosati (University of Southampton – School of Law) has posted Brexit and Copyright: A Pyrrhic Victory (Intellectual Property Forum, Forthcoming) on SSRN.  Here is the abstract: As things currently stand, the United Kingdom (UK) is set to leave the European Union (EU) in March 2019. At the time of writing (early January 2019) it is unclear on what terms the withdrawal of this Member State from the EU is going to happen, and whether there will be also a withdrawal from the European Economic Area (EEA). The various scenarios on the table would have different implications as far as the freedom of shaping UK copyright is concerned. If the UK left the EU only and not also the EEA (a ‘soft Brexit’ scenario), then it would remain subjected to EU law and, together with this, also case law and jurisdiction of the Court of Justice of the European Union (CJEU). If, instead, the scenario was one of ‘hard Brexit’, ie one in which the UK leaves both…

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