[A2k] [Marrakesh] CJEU Holds the EU, acting on its own, may conclude the Marrakesh Treaty

Pescod, Dan Dan.Pescod at rnib.org.uk
Tue Feb 14 02:37:32 PST 2017


Thanks Pranesh,

Hopefully this will clear the way for a (good) EU agreement to get on and ratify the Treaty. It would be about time. 

All the best,

Dan 

-----Original Message-----
From: Marrakesh [mailto:marrakesh-bounces at lists.keionline.org] On Behalf Of Pranesh Prakash
Sent: 14 February 2017 10:14
To: marrakesh at lists.keionline.org; a2k at lists.keionline.org
Subject: [Marrakesh] CJEU Holds the EU, acting on its own, may conclude the Marrakesh Treaty

The CJEU's final opinion is out, confirming last year's findings by the 
CJEU Advocate General.

Concluding paragraphs of the Press Release:
It follows that the body of obligations laid down by the Marrakesh 
Treaty falls within an area
that is already covered to a large extent by ‘common EU rules’ and that 
the conclusion of the
Treaty may affect those rules or alter their scope.

Since the conclusion of the Marrakesh Treaty may affect the directive on 
copyright or alter
its scope, the Court concludes that the EU has exclusive competence and 
that the treaty
may be concluded by the EU acting on its own, without the participation 
of the Member States.

Full press release:
http://curia.europa.eu/jcms/upload/docs/application/pdf/2017-02/cp170013en.pdf

Full text:
http://curia.europa.eu/juris/documents.jsf?num=C-3/15

For previous coverage of Advocate General's opinion on IP Watch:
http://www.ip-watch.org/2016/09/14/judges-opinion-that-eu-is-competent-to-ratify-marrakesh-treaty-might-break-standstill/


-- 
Pranesh Prakash
Policy Director, Centre for Internet and Society
http://cis-india.org | tel:+91 80 40926283
sip:pranesh at ostel.co | xmpp:pranesh at cis-india.org
https://twitter.com/pranesh

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