Book contents
- Transition and Coherence in Intellectual Property Law
- Cambridge Intellectual Property and Information Law
- Transition and Coherence in Intellectual Property Law
- Copyright page
- Contents
- Preface
- Greetings to Annette Kur from the Second Floor
- Annette Kur: Toward Understanding
- Part I Transition
- A Forms and Institutions
- 1 Transitional Provisions in Intellectual Property Legislation
- 2 Judicial Creativity and Transitions in EU Intellectual Property Law
- 3 Before and after Designers Guild: Another Look at Appellate Deference in New Zealand’s Copyright Law
- 4 EU Design Law: Transitioning Towards Coherence? Fifteen Years of National Case Law
- 5 Copyright and the CJEU: Some Structural Deficits as Seen from a German Perspective
- B International Commitments and Constraints
- C New Agents and the Challenge of New Technologies
- Part II Coherence
- Conclusion
- Cambridge Intellectual Property and Information Law
2 - Judicial Creativity and Transitions in EU Intellectual Property Law
from A - Forms and Institutions
Published online by Cambridge University Press: 29 December 2020
- Transition and Coherence in Intellectual Property Law
- Cambridge Intellectual Property and Information Law
- Transition and Coherence in Intellectual Property Law
- Copyright page
- Contents
- Preface
- Greetings to Annette Kur from the Second Floor
- Annette Kur: Toward Understanding
- Part I Transition
- A Forms and Institutions
- 1 Transitional Provisions in Intellectual Property Legislation
- 2 Judicial Creativity and Transitions in EU Intellectual Property Law
- 3 Before and after Designers Guild: Another Look at Appellate Deference in New Zealand’s Copyright Law
- 4 EU Design Law: Transitioning Towards Coherence? Fifteen Years of National Case Law
- 5 Copyright and the CJEU: Some Structural Deficits as Seen from a German Perspective
- B International Commitments and Constraints
- C New Agents and the Challenge of New Technologies
- Part II Coherence
- Conclusion
- Cambridge Intellectual Property and Information Law
Summary
As Sir Richard Arnold capably explains elsewhere in this volume,2 when legislative changes are made to intellectual property laws, provision needs to be made for mediating discontinuities between the old and new regime. In the United Kingdom, this is typically done by so-called “transitional provisions,” which specify the extent to which the old law is maintained in relation to existing rights, interests and relationships, or how far (and from when) the new law becomes applicable. In intellectual property statutes, these typically provide that rights in existence before the change continue to subsist, and that rightholders benefit from expansion of rights but may be subject to broadened or altered exceptions and limitations. In EU law, general principles operate to produce similar effects (without the specific intervention of the legislator),3 though these are sometimes made explicit in EU IP legislation.4
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- Chapter
- Information
- Transition and Coherence in Intellectual Property LawEssays in Honour of Annette Kur, pp. 25 - 45Publisher: Cambridge University PressPrint publication year: 2021