CJEU invokes ERTA principle to assert EU competence to ratify Marrakesh Treaty
: Daniel Acquah
Publisher: Oxford University Press
: Oxford
: 2017
: Journal of Intellectual Property Law and Practice
: JIPLP
: jpx097
: 12
: 7
: 548
: 550
: 1747-1540
DOI: https://doi.org/10.1093/jiplp/jpx097
: https://academic.oup.com/jiplp/article/12/7/548/3870426/CJEU-invokes-ERTA-principle-to-assert-EU?guestAccessKey=8697436b-8800-4065-a146-385e182c1372
The Grand Chamber of the Court of Justice of the European Union (CJEU) has concluded that the body of obligations laid down by the Marrakesh Treaty falls within an area that is already covered to a large extent by ‘common EU rules’. Since the conclusion of the treaty may affect Directive 2001/29 (InfoSoc Directive) or alter its scope, the EU has exclusive competence to conclude that treaty