Theory and practice of intellectual property
№ 5 / 2018

ISSN (Print) 2308-0361
ISSN (Online) 2519-2744

PDF (Ukrainian)

DOI: https://doi.org/10.33731/52018.160769

Published      2018-10-29

Directive 2001/84/EC (on the resale right): foreign experience

Olha Ulitina
Ukraine

Abstract
The article is dedicated to the analysis of the 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 provisions. The resale right for the benefit of the author of an original work of art still remains one of the most current issues in the sphere of copyright commercialization. The process of implementation of the provisions of the 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 in European countries is analyzed. The experience of the harmonizing the norms of the national legislation and the Directive 2001/84/EC provisions in countries such as the United Kingdom, Austria, Spain, the Netherlands has been researched. The relevance of the study lies in the need for European integration processes for Ukraine. Euro integration processes today are one of the most priority directions of Ukraine’s development. Harmonization of the national legislation with the legislation of the European Union is a priority task. Harmonization of Ukraine’s intellectual property legislation in this regard is an important part of the current reforms. The article 190 «Resale right» of the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part is correlated with the provisions of Directive 2001/84 of the European Parliament and of the Council of 27 September 2001 on the on the resale right for the benefit of the author of an original work of art. Taking into account modern reforms in intellectual property, it is reasonable to study the experience of foreign countries on the implementation of provisions of Directive 2001/84/EC, since the resale right is quite controversial and current issue.

Keywords: copyright, resale right, Directive on the resale right, Directive 2001/84/EC, EU