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Wednesday, 8 February 2012

From draft to wind of change? Guernsey proposes image rights

A couple of eponymous Guernseys: will
infringers be cowed by the new proposals --
or are they just a load of bull?
The IPKat has been learning all about the consultation paper which the government of the cute little Channel Island of Guernsey has just issued. According to a circular which reached him earlier today:
" ... the Commerce and Employment department of the States of Guernsey has now sent the draft Image Rights legislation out for consultation. 
The consultation period will last until 7 March 2012. We then expect the finalised legislation to be approved during the second quarter of this year. 
This legislation will see Guernsey bringing in a registrable image right -- a world first. 
It will enable rights holders to register and exploit their images through a recognisable, formal intellectual property right. These rights will have the added benefits of being able to be dealt with in the same way as other forms of Intellectual Property rights, which means they can be easily assigned or licensed to third parties. 
As an active participant in the Image Rights process, [local law firm, and author of this circular] Collas Crill will continue to keep you informed on future developments in this exciting and groundbreaking area. We will be sending a further update on the Image Rights legislation in the next few days to fill you in on all the detail. 
In the meantime, if you would like to see the draft legislation, you will need to contact the Guernsey Registry directly by emailing".
This is your golden opportunity, says the IPKat. Email the Guernsey Registry now, ask to take a look at what might be a template for national legislation around the world, tell them what you think  -- and don't forget to say the IPKat sent you.

Merpel is a little sceptical about the long-term effects of this initiative which, in the guise of creating intellectual property rights, may actually be demeaning them by trying to turn them into a second tier of protection against invasions of privacy. She also foresees all manner of grief when people who have assigned their image rights repent of doing so and find that there's not much they can do about it. But then, she hasn't yet emailed the Guernsey to read the draft legislation -- which she's now about to do.

How to improve your image here and here

A kat-pat to our friends at Freshfields Bruckhaus Deringer LLP for this lead


Kingsley Egbuonu said...

Haha seems like Nation brand extension to me. But, dragging IP into it?

Guernsey probably needs it considering this BBC news headline "Tax haven tag 'does harm to Guernsey's image'

Anonymous said...

If they already attract the Rich and the Famous, then it makes good sense.

Dave said...

Seems more like Guernsey is taking the opportunity to demonstrate that, where a small amount of freedom exists in its relationship with the UK for it to create law, it will use that freedom regardless of any tangible benefit.

Presumably this will be territorial to Guernsey? I can't see many people paying it that much attention. The only potential I can see is that it would set it up as an international forum for disputing image rights where images are used on the 'net and made available in Guernsey.

Anonymous said...

Guernsey probably needs it considering this BBC news headline "Tax haven tag 'does harm to Guernsey's image'

I suspect that the whole purpose of this move is to create yet another tax loophole. It isn't as if the use of IP transfer pricing for tax avoidance purposes was a new thing, is it?

Kingsley said...

No it isn't. Hence the ironic comment :-)

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