In respect of matters which are the responsibility of my Department there is one relevant judgement in the time period specified.
It relates to Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on certain rights related to copyright in the field of intellectual property ("the 2006 Directive").
In 2019, the High Court referred four legal questions to the Court of Justice of the European Union (CJEU) seeking clarification on matters related to the interpretation and transposition into national law of Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property ("the 2006 Directive").
The CJEU delivered its judgement in September 2020 which confirmed that the State has not discharged fully its international obligations regarding Article 4(1) and Article 15(1) of the World Intellectual Property Organisation Performances and Phonograms Treaty (WPPT) or the Rome Convention.
In addition, clarification was provided by the CJEU regarding elements of the 2006 Directive, the result of which also impacts other Member States, and which will require amendments to our national legislation. As a result of the judgement, the European Commission has undertaken a detailed study in this area and is currently undertaking a stakeholder consultation on the topic. The results of this study, along with the finding of a consultation with stakeholders by the Commission at EU level, may potentially result in the Commission identifying a requirement for amendments to EU legislation.
My Department has not been subject to any fines and/or penalties as a result of this judgement. In order to address the findings of the CJEU, legislative amendments to the Copyright and Related Rights Act 2000 (as amended) (the ‘CRRA’) will be brought forward in due course.
