Marques: What rights owners need to know about EU copyright reform

Brand management is no longer just about trademarks. The diligent rights owner also needs to understand the latest developments in designs, domain names, unfair competition, geographical indications and many other areas of law. In recognition of this fact, Marques has established teams focusing on analysing the latest developments in different areas. One of the newest teams focuses on copyright.

The mission of the Marques copyright team is to address issues in the area of European and international copyright laws and to monitor and influence developments in the laws and practices of copyright, with the effect of increasing understanding of copyright protection strategies among Marques members. In this context, the chair and a group of members of the team have studied the EU copyright legislative package and have recently completed a thorough review of major issues coming out of the reform.

The DSM strategy

The European Commission’s Digital Single Market (DSM) Strategy was adopted in 2015 to modernise the EU copyright framework since digital content was identified as one of the main drivers of growth in the digital economy. In that scenario, the Commission published a legislative package aimed at ensuring wider online access to content in the EU and reaching new audiences; adapting certain exceptions to the digital and cross-border environment; and fostering a well-functioning and fair copyright marketplace.

The Commission launched its DSM copyright and communications reform proposals on September 14, 2016. The so-called legislative package consists of a communication setting out the state of play regarding copyright in the DSM, together with some pieces of legislation, which include: