Intellectual Property (Unregistered Rights) (Jersey) Law 2011: Various Orders

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A decision made 11 December 2012:

Decision Reference: MD-E-2012-0158
Decision Summary Title :	Intellectual Property Unregistered Rights Orders		Date of Decision Summary:	11 December 2012
Decision Summary Author:	Director Strategic Development		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	Director Strategic Development
Written Report Title :	Contained within P.112 / 2012, Intellectual Property (Unregistered Rights) (Application, Transitional Provisions and Savings) (Jersey) Regulations		Date of Written Report:	30 October 2012
Written Report Author:	Intellectual Property Strategy Manager		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Orders to be made under the Intellectual Property (Unregistered Rights) (Jersey) Law 2011
Decision(s): The Minister made following Orders: Intellectual Property (Unregistered Rights) (Works of Foreign Provenance) (Jersey) Order 2012 Intellectual Property (Unregistered Rights) (Miscellaneous Provisions) (Jersey) Order 2012 Intellectual Property (Unregistered Rights) (Proceedings Before Licensing Authority) (Jersey) Order 2012 Intellectual Property (Unregistered Rights) (Fees) (Jersey) Order 2012
Reason(s) for Decision: The Intellectual Property (Unregistered Rights) (Jersey) Law 2011 was approved by the States on the 1st of December 2010, received Royal Assent on the 16th of November 2011 and was registered in the Royal Court on the 9th of December 2011. In order to bring the Unregistered Rights law into force a suite of implementing legislation is necessary. The States therefore made the Intellectual Property (Unregistered Rights) (Application, Transitional Provisions and Savings) (Jersey) Regulations on the 11th of December 2012. The States also approved the Intellectual Property (Unregistered Rights) (Jersey) Law 2011 (Appointed Day) Act in the same sitting. The accompanying report to the Regulations advised States Members that the Minister for Economic Development would be making four Orders to complete the unregistered rights framework once the States had approved the Appointed Day Act. The Minister therefore decided to sign the Orders to complete the framework for the protection of unregistered intellectual property rights and to enable the extension of international conventions within the copyright and related rights area.
Resource Implications: There are not expected to be any financial or resource implications from making the Orders. Evidence from the UK and Isle of Man suggests that the licensing authority created by the Law to adjudicate on terms and conditions of collective licensing of rights will in practice be unlikely to have to resolve a case, but Economic Development Department should, in any case, be able to cover the costs of two or more cases from existing resources should this be necessary. In the unlikely event that extraordinary case costs were to arise that could not be managed from within the Economic Development Department’s business as usual resources an application would need to be made to the corporate contingency fund managed by States Treasury.
Action required: The Orders to be signed and sealed by the Minister.
Signature: Senator A.J.H.Maclean		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):