Published July 5, 2021 | Version v1
Project deliverable Open

D4.2 Report on EU policy space in light of international framework

  • 1. UvA


As part of the reCreating Europe project, one strand of work focuses on how the territorial nature of copyright and related rights can hinder the realisation of the digital single market. The EU’s primary interest in regulating intellectual property lies in furthering the establishment and functioning of the internal market. The international framework of treaties to a large degree shapes the actual space the EU and its Member States have to legislate copyright and neighbouring rights.

The objective of this paper is to analyze the space that the international system allows the EU to take measures overcoming territoriality problems. In order to do that, we first recapitulate what those current mechanisms are. In chapter 2 we describe the position of the EU and its Member States in the field of international intellectual property, and the key features of the main treaties. For a better understanding of the landscape, in chapter 3 we map the most important grounds of competence of the EU relevant to copyright and neighbouring rights. Chapter 4 analyzes the current ‘anti-territoriality’ mechanisms identified in Deliverable 4.1 against the background of the international treaties. The concluding Chapter 5 summarizes the findings and elaborates issues to consider should the EU proceed with more far-reaching measures. This work ultimately feeds into the third stage of Recreating Europe’s work package 4 on territoriality.

Please note: a screen-reader accessible version of this report can be downloaded via this link


870626_D4.2 Report on EU policy space in light of international framework.pdf

Additional details


reCreating Europe – Rethinking digital copyright law for a culturally diverse, accessible, creative Europe 870626
European Commission