Ground-breaking Image Rights legislation passed in Guernsey

| November 28, 2012 | 0 Comments

TODAY [Wednesday 28 November 2012], the States of Guernsey has voted to bring into force Image Rights legislation that will bring into effect the world’s first registrable image right.

Described as a ‘bold move’ by Guernsey to position itself as a world leader in the management, protection and exploitation of an extremely innovative IP right, the newly passed Image Rights (Bailiwick of Guernsey) Ordinance, 2012 means that for the first time anywhere in the world, individuals and their agents can register and protect their personality from Monday 3 December 2012.

Image rights are recognised as the right to control the commercial use of a person’s identity and images associated with them, including distinctive expressions, characteristics or attributes and the importance and value of those rights is an increasingly high profile issue.

Director of Collas Crill IP David Evans said: “It is about time that IP legislation caught up with what society values – image rights are an important asset class. Guernsey is very good at looking after people’s assets; this is an area where the jurisdiction excels and can continue to develop this area of expertise.”

Collas Crill IP has hosted seminars across the UK to prominent sports, media and entertainment representatives and has seen genuine enthusiasm for the legislation and its potential, reflected in requests coming through to intermediaries from their own clients.

David Evans said: “People in the industry are interested in practical issues such as how long rights should last and the ability for image rights to be searchable. It is clear that there is a large appetite for image rights generally but we recommend that they should be considered as part of an overall IP strategy.”

Intellectual property specialist Jason Romer, Partner in the Collas Crill Commercial Department and also a Director of Collas Crill IP, said: “This is an extremely innovative piece of legislation and we have been working hard with Guernsey’s IP Registrar and the team at the registry to help to shape the way that this will work in practice. It represents a bold move by Guernsey to position itself as a world leader in the management, protection and exploitation of this extremely innovative IP right.”

For more information and how to register an image right please visit www.collascrillip.com

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