PROPOSALS to modernise existing intellectual property (IP) law have been released by the Department of Economic Development.
The department has compiled a consultation document which sets out the extensive proposals and people have been invited to submit their views on these.
Minister Allan Bell MHK said: "In the Island's diverse economy areas such as e-business, e-gaming, space industry, clean technology, software development, and high-tech manufacturing are all underpinned by intellectual property.
"It is important that businesses in these sectors should have the confidence that their intellectual property will be sufficiently protected in the Island and elsewhere.
"In addition, even where intellectual property is not exploited in the Isle of Man by its owners, it is desirable that the Island be regarded as a suitable location for the establishment of companies for the holding of intellectual property.
"Updating the Island's IP legislation will assist in driving further development for our economy and it will also ensure that we can continue to compete with other jurisdictions."
81 separate amendments are identified in the consultation paper as possible changes to the Island's IP laws. 37 are concerned with copyright and 22 with performers' rights. Of all these 74 give effect to European Union (EU) legislation or are otherwise based on European changes (e.g. the accession of the EU to international agreements).
Most of them are relatively minor in their effect but a few are of substantial importance.
For example:
• extension of the duration of copyright in a literary, dramatic, musical or artistic work from 50 years to 70 years after the author's death
• extension of the duration of copyright in a film from 50 years after making or release to 70 years after the death of the last to die of the director, writer and composer
• a new "publication right" protecting for 25 years a work out of copyright which is published for the first time
• new rules for damages for infringement
• a new "making available right" protecting the performer of a work which is made available to the public on the internet
• new "moral rights" for performers - e.g. to be identified as performer
• protection for new rights in relation to industrial designs
• a new "artist's resale right" to a royalty on any resale of an artistic work
Copies of the consultation document can be downloaded from www.gov.im/ded/consultations.gov. Submissions regarding the proposals should be sent to the department by post - St George's Court, Upper Church Street, Douglas, IM1 1EX.
They can also be e-mailed to legislation officer Jonathan Clague at jonathan.clague@gov.im. All submissions should be received by July 31.
