Posted: 15/02/2013
Guernsey has been extremely far sighted in introducing what is effectively a new class of IP with its innovative image rights law, says Collas Crill IP's David Evans in the latest edition of leading industry publication Legal Business.
And the combination of the new legislation, plus marketing efforts by firms such as Collas Crill and the island's promotional body Guernsey Finance, is elevating Guernsey's position as a jurisdiction of choice for private clients around the world, adds Collas Crill partner Jason Romer.
But both warn that competitors are hot on the heels of Guernsey, which introduced its ground breaking new law at the end of last year.
"Guernsey was able to do this in a way that some other jurisdictions might not, because of its flexible, enabling legal system," says IP specialist David Evans.
"But Singapore is a well placed, busy IP market and we would anticipate that it introduces something similar," he adds.
Collas Crill has seen a lot of interest in Guernsey's new image rights law from the sports and media industries, with enquiries coming from all over the world because of the global nature of the legislation.
Leading image rights specialist Jason Romer, who will address a specialist audience of advisors to the world's top entertainment and sportspeople next month, also told Legal Business that while there is a clear market for celebrities and entertainers, it's not just the IP lawyers who will benefit from new work streams.
"This legislation sends out a very clear message that Guernsey is the jurisdiction of choice for the protection of people's assets generally, whether cash, capital, real estate or IP," said Mr Romer, who also reports that he has seen great interest from professional trustees, particularly because the legislation recognises the personality and image rights of both living and dead people, which is particularly relevant in trusts.