The widely publicised EU copyright directive has come under much scrutiny recently for the implications it could have on the tech industry and the movement of information. The directive, which aims to harmonise aspects of the European Union copyright law and move towards a Digital Single Market, is the first of such EU directives, and so the implications and the wider effects on IP are still being discussed – making it a good topic for the panel at MARQUES 2018.

“it’s clear that the legislation will have a knock-on effect for many IP rights.” said MARQUES guest speaker and senior counsel member at Bird & Bird, Franz Gernhardt. With one of the most prominent knock-ons being Article 11’s “link tax”, this rule would force news publishers and search sites like Google and Facebook to pay publishers whos media they hyperlink or share. “Why does copyright matter for trademark owners?”, panellist Christian Schumacher of Schoenherr Rechtsanwalte posed. Copyrighted elements of a trademark could now be applicable under this new directive, through things like the link tax.

The EU copyright directive, of which article 11 and 13 were rejected the first time around, is expected to be implemented by 2021 if accepted, but with changes to the amendments expected to happen between now and the deadline date.

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