Laws and Regulations under TRIPS Art. 63.2 - View details of the document

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Main information

IP/N/1/IRL/77, IP/N/1/IRL/C/25

1. Notifying Member

Ireland

2. Subject matter

3. Notification status

4. Title of law or regulation

European Communities (Artist’s Resale Right) (Amendment) Regulations 2011 (S.I. No. 709 of 2011)

5. Nature of notification

6. Brief description

These Regulations extend the artist’s resale right to those to whom a resale right is transmitted (or deemed to be transmitted) after the death of the author of an original work of art. The right is extended for a period of 70 years after the death, in respect of sales whose contract date is on or after the 1 January 2012. The artist’s resale right allows the creators of original works of visual and plastic art, through a system of royalty payments, to benefit from resales of those works when they are sold through the professional art market.

7. Date of entry into force

This instrument was signed by the Minister for Jobs, Enterprise and Innovation on 22 December 2011 specifying that it will come into operation on 1 January 2012.

8. Other date

9. Other information (if applicable)

The European Communities (Artist's Resale Right) Regulations 2006 (S.I. 312 of 2006) transpose into Irish law Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art. This was to allow creators of original works of visual and plastic art, through a system of royalty payments, to benefit from resales of those works when they are sold through the professional art market. This instrument, S.I. No. 709 of 2011, gives further effect to provisions contained in that Council Directive (2001/84/EC). IP/N/1/EU/C/6 (Directive 2001/84/EC)

10. Contact information of agency or authority responsible

Intellectual Property Unit Department of Enterprise, Trade and Employment trademarks@enterprise.gov.ie

11. Link to Legal text

12. Notes

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