Does the Copyright, Design and Patents Act 1988 apply in Jersey?

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Published on LexisPSL on 01/02/2018

The following IP Q&A provides comprehensive and up to date legal information covering:

  • Does the Copyright, Design and Patents Act 1988 apply in Jersey?

As a general rule, UK primary legislation does not, of itself, ordinarily apply to Crown dependencies. Only in relatively rare cases, with the agreement of the Crown dependencies concerned, will the Copyright, Design and Patents Act 1988 (CDPA 1988) be expressed to apply directly. The Bailiwick of Jersey is a self-governing Crown dependency with its own legislative assembly and systems of law and administration including intellectual property laws:

  1. Trade Marks (Jersey) Law 2000

  2. Patents (Jersey) Law 1957 & Rules 1958

  3. Registered Designs (Jersey) 1957

  4. Intellectual Property (unregistered rights) (Jersey) Law 2011

CDPA 1988 is the main UK legislation on copyright. It confers copyright to creators of certain works under CDPA 1988, Pt I. Rights on performances are dealt with under CDPA 1988, Pt II. Copyright works and performances may qualify for protection by virtue of their connection with a territory which is or was a British dependency. (For background and context, see: Extension of the Acts to other countries: Laddie, Prescott & Vitoria: The Modern Law of Copyright (5th edn) [5.85]–[5.88] (note this edition was published in 2011 and some of the law in the sections referred to has now been repealed and superceded))


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