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107-616: Originally established in 1990 by an order made under Section 287 (1) of the Copyright, Designs and Patents Act 1988 , the intention was that the PCC should be a forum where simpler cases could be dealt with under a cheaper and more streamlined procedure than the High Court. In practice, following the Woolf Reforms of 1998, the streamlined procedure is now available in all courts. One remaining difference

214-399: A 1967 referendum , and for shared sovereignty in a 2002 referendum . Nevertheless, Gibraltar maintains close economic and cultural links with Spain, with many Gibraltarians speaking Spanish as well as a local dialect known as Llanito . Gibraltar's economy rests on financial services, e-gaming, tourism and the port. With one of the world's lowest unemployment rates, the largest part of

321-561: A British citizen (" an entitlement that cannot be refused ") under section 5 of the Act. Under the subsequent British Overseas Territories Act 2002 , all British Overseas Territories citizens became British citizens on 21 May 2002. Gibraltar is not a sovereign state: its formal international relations are the responsibility of the Government of the United Kingdom. Since Brexit, it is not part of

428-438: A perpetual copyright , it does not confer Great Ormond Street Hospital full intellectual property rights over the work. The amendment was proposed when Peter Pan's copyright first expired on 31 December 1987, 50 years after Barrie's death, which was the copyright term at that time. Following EU legislation extending the term to author's life + 70 years, Peter Pan's copyright was revived in 1996 and expired on 31 December 2007 in

535-521: A 1.2 km (0.75 mi) land border with Spain. The town of La Línea de la Concepción , a municipality of the province of Cádiz , lies on the Spanish side of the border. The Spanish hinterland forms the comarca of Campo de Gibraltar (literally "Countryside of Gibraltar"). The shoreline measures 12 km (7.5 mi) in length. There are two coasts ("Sides") of Gibraltar: the East Side, which contains

642-549: A bid for city status as part of the Platinum Jubilee Civic Honours . The bid was refused, but when researchers looked through the National Archives , they found that it had already been recognised as a city by Queen Victoria in 1842. The status came into force on 29 August 2022. Under its current constitution , Gibraltar has almost complete internal self-governance through a parliament elected for

749-602: A continuation of the tribunal established under s. 23 of the 1956 Act (s. 145). The Tribunal is empowered (s. 149) to hear and determine proceedings concerning: An appeal on any point of law lies to the High Court , or to the Court of Session under Scots law . Part III of the Act creates a " design right " separate from the registration of designs governed by the Registered Designs Act 1949 . To qualify,

856-400: A design document is not infringed by making or using articles to that design, unless the design is an artistic work or a typeface (s. 51). If an artistic work has been exploited with permission for the design by making articles by an industrial process and marketing them, the work may be copied by making or using articles of any description after the end of a period of twenty-five years from

963-404: A further period of commercial exploitation. Some legal commentators have doubted whether the legislation will have the desired effect. They contend that many mass-produced items of 20th-century industrial furniture may not be defined by the courts of the United Kingdom as works of artistic craftsmanship but as mere designs. A design that is not an artistic work attracts no copyright protection under

1070-596: A minimum in the meantime. As of March 2023 , talks remain stalled, with Spain insisting that its Policía Nacional control entry into the Schengen area and the UK demanding that the work be done by officers of the European Union agency Frontex . All other entry points to the Schengen area are controlled by national authorities, supplemented by Frontex in some places. Gibraltar's territory covers 6.8 km2 (2.6 sqmi) and shares

1177-524: A place of religious and symbolic importance. The Phoenicians were present for several centuries since around 950 BC, apparently using Gorham's Cave as a shrine to the genius loci , as did the Carthaginians and Romans after them. Gibraltar was known as Mons Calpe , a name perhaps of Phoenician origin. Mons Calpe was considered by the ancient Greeks and Romans as one of the Pillars of Hercules , after

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1284-526: A potential agreement that would see them sharing sovereignty over Gibraltar. The government of Gibraltar organised a referendum on the plan, and 99% of the population voted to reject it. In 2008, the British government committed to respecting the Gibraltarians' wishes. A new Constitution Order was approved in referendum in 2006. A process of tripartite negotiations started in 2006 between Spain, Gibraltar and

1391-684: A raid in 710, a predominantly Berber army under the command of Tariq ibn Ziyad crossed from North Africa in April 711 and landed somewhere in the vicinity of Gibraltar (though most likely not in the bay or at the Rock itself). Tariq's expedition led to the Islamic conquest of most of the Iberian peninsula . Mons Calpe was renamed Jabal Ṭāriq ( جبل طارق ), "the Mount of Tariq", subsequently corrupted into Gibraltar . In 1160

1498-405: A reasonable proportion of a literary, artistic or musical work to individuals who request them for the purposes of private study or research (ss. 38–40); copying of the entire work is possible if it is unpublished and the author has not prohibited copying (s.–43). They may also make and supply copies to other libraries (s. 41) and make copies of works in their possession where it

1605-502: A report by the World Health Organization showed that Gibraltar had the worst air quality in any British territory. The report concentrated on PM10 and PM2.5 pollutants in the air. Gibraltar's economy is dominated by four main sectors: financial services , online gambling , shipping, and tourism, which includes duty-free retail sales to visitors. The British military traditionally dominated Gibraltar's economy , with

1712-550: A result of the provisions of section 52 of the Copyright, Designs and Patents Act 1988. The Enterprise and Regulatory Reform Act 2013 was introduced into Parliament on 23 May 2012 and received royal assent the next year in April. If section 56(2) of the Bill is enacted then artistic works that are mass-produced by the copyright holder will benefit from the same period of protection as those not replicated in large numbers. The result will be

1819-478: A significant extension from 25 years to that of the life of the creator plus 70 years. The proposed change is a reaction to pressure from the international furniture industry supported by manufacturers of decorative arts: copyright holders of many famous and much copied 20th century furniture design classics such as the Egg Chair and Barcelona Daybed hope that long expired copyright periods will be revived allowing for

1926-533: A specific regime of moral rights for the first time in the United Kingdom: previously, an author's moral right had to be enforced through other torts , e.g. defamation , passing off , malicious falsehood . The author's moral rights are: The moral rights of an author cannot be transferred to another person (s. 94) and pass to their heirs on his death (s. 95): however, they may be waived by consent (s. 87). The right to object to false attribution of

2033-581: A success. As of 1 October 2013, the PCC was reformulated as the Intellectual Property Enterprise Court, a specialist subdivision of the Business and Property Courts within the High Court. Whilst the IPEC is now part of the High Court, Patent and Trade Mark attorneys retain their rights of audience and litigation. Cases can be transferred from the IPEC list to be heard by the main High Court at

2140-500: A term of up to four years. The unicameral parliament presently consists of 17 elected members, and the Speaker who is not elected but appointed by a resolution of the parliament. The government consists of 10 elected members. The head of state is the British monarch King Charles III , who is represented by the Governor of Gibraltar . The governor enacts day-to-day matters on the advice of

2247-432: A work in any form is called "fixation." An example includes taking a photograph or writing down a poem. This fixes the work retrospectively from the moment the work was created. The Act as it received royal assent does not substantially change the qualification requirements of the author or the country of origin of the work, which are restated as ss. 153–156: these have since been largely modified, in particular by

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2354-498: A work lasts for twenty years after the author's death. The other moral rights last for the same period as the other copyright rights in the work (s. 86). There are some narrow exceptions to moral rights. For example, s. 79 states that the right to be named as author does not apply in relation to computer programs, design of a typeface, or any other computer generated work. Additionally, the right to object to any derogatory treatment, does not apply to computer programs, works made for

2461-639: Is British government policy not to engage in talks about the sovereignty of Gibraltar without the consent of the people of Gibraltar. Gibraltar was part of the European Union , having joined through the European Communities Act 1972 (UK) , which gave effect to the Treaty of Accession 1972 , as a dependent territory of the United Kingdom under what was then article 227(4) of the Treaty Establishing

2568-483: Is a criminal offence (s. 107). Copyright owners may ask the HM Revenue and Customs to treat infringing copies as "prohibited goods", in which case they are prohibited from import (s. 111). Section 297 of the Act makes it an offense to fraudulently receive broadcasts for which a payment is required. Section 300 creates the offense of fraudulently using a trademark, inserted as ss. 58A–58D of

2675-534: Is a criminal offense (s. 198), as is the false representation of authority to give consent (s. 201). The provisions on duration have been largely modified by the Duration of Copyright and Related Rights Regulations 1995 No. 3297. The provisions of the 1988 Act (ss. 12–15) as it received Royal Assent are given below. All periods of copyright run until the end of the calendar year in which they would otherwise expire. The duration of copyright under

2782-472: Is dependent on the defendant knowing or having reason to believe, that the activities in question are wrongful. This question of requisite knowledge is determined objectivity. Copyright infringement that may be criminal offences under the Copyright, Designs and Patents Act 1988 are the: The penalties for these copyright infringement offences may include: The Act establishes the Copyright Tribunal as

2889-716: Is not a member of the Commonwealth of Nations in its own right and is represented by the United Kingdom but was granted Associate Membership of the Commonwealth Foundation in 2004. Gibraltar has competed in the Commonwealth Games since 1958. As a result of the British Nationality Act 1981 , Gibraltarians were made British Overseas Territories citizens by default, but could apply for registration as

2996-570: Is not reasonably possible to purchase further copies (s. 42). The detailed conditions for making copies are contained in secondary legislation, currently the Copyright (Librarians and Archivists) (Copying of Copyright Material) Regulations 1989 No. 1212. Copyright is not infringed by anything done for the purposes of parliamentary or judicial proceedings or for the purposes of a Royal Commission or statutory inquiry (ss. 45, 46). The Crown may make copies of works which are submitted to it for official purposes (s. 48). Material which

3103-542: Is only permitted within the limit of 5% of the work per year (s. 36). Works may be performed in educational establishments without infringing copyright, provided that no members of the public are present (s. 34): the parents of pupils are considered members of the public unless they have some other connection with the establishment there are different things too.(e.g., by being teachers or governors). Further provisions are contained in secondary legislation. Librarians may make and supply single copies of an article or of

3210-690: Is open to public inspection or on an official register may be copied under certain conditions: this includes material made open to public inspection by the European Patent Office and by the World Intellectual Property Organization under the Patent Cooperation Treaty , and material held as public records under the Public Records Act 1958 c. 51 or similar legislation (s. 49). The Act creates

3317-527: Is regarded as having been responsible for setting the old town's style, described by Claire Montado, chief executive of the Gibraltar Heritage Trust, as "military-ordnance-style arched doorways, Italianate stucco relief, Genoese shutters, English Regency ironwork balconies, Spanish stained glass and Georgian sash and casement windows." During the Napoleonic Wars , Gibraltar became a key base for

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3424-548: The 1967 Gibraltar sovereignty referendum , which led to the passing of the Gibraltar Constitution Order in 1969. In response, Spain completely closed the border with Gibraltar and severed all communication links. The border with Spain was partially reopened in 1982 and fully reopened in 1985 before Spain's accession to the European Community . In the early 2000s, Britain and Spain were in negotiations over

3531-695: The Almohad Sultan Abd al-Mu'min ordered that a permanent settlement, including a castle, be built. It received the name of Medinat al-Fath (City of the Victory). The Tower of Homage of the Moorish Castle remains standing today. From 1274 onwards, the town was fought over and captured by the Nasrids of Granada (in 1237 and 1374), the Marinids of Fez (in 1274 and 1333) and the kings of Castile (in 1309). Upon

3638-590: The Atlantic Ocean ( Strait of Gibraltar ). It has an area of 6.8 km (2.6 sq mi) and is bordered to the north by Spain ( Campo de Gibraltar ). The landscape is dominated by the Rock of Gibraltar , at the foot of which is a densely populated town area, home to some 34,003 people, primarily Gibraltarians . Gibraltar was founded as a permanent watchtower by the Almohads in 1160. It switched control between

3745-567: The CDPA , is an Act of the Parliament of the United Kingdom that received royal assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law (including performing rights ) in the United Kingdom , which had, until then, been governed by the Copyright Act 1956 (c. 74). It also creates an unregistered design right , and contains a number of modifications to

3852-598: The Duration of Copyright and Related Rights Regulations 1995 No. 3297. Part II of the Act creates a series of performers' rights in application of the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations of 1961. These rights are retrospective in respect of performances before commencement on 1 August 1989 (s. 180). These rights have been largely extended by

3959-571: The Emirate of Granada . After the conquest, Henry IV of Castile assumed the additional title of King of Gibraltar , establishing it as part of the comarca of the Campo Llano de Gibraltar . Six years later, Gibraltar was restored to the Duke of Medina Sidonia, who sold it in 1474 to a group of 4,350 conversos (Christian converts from Judaism) from Cordova and Seville and in exchange for maintaining

4066-577: The European Communities Act 1972 in order to implement European Union directives in UK law. Also: Gibraltar Gibraltar ( / dʒ ɪ ˈ b r ɔː l t ər / jib- RAWL -tər , Spanish: [xiβɾalˈtaɾ] ) is a British Overseas Territory and city located at the southern tip of the Iberian Peninsula , on the Bay of Gibraltar , near the exit of the Mediterranean Sea into

4173-730: The European Parliament as part of the South West England constituency . On 23 June 2016 Gibraltar voted along with the United Kingdom in the EU referendum ; 96% of its population voted to remain, but the overall United Kingdom result gave a 51.9% majority to leaving the EU. Nevertheless, Spanish Prime Minister Pedro Sánchez stated on 18 October 2018 that the Gibraltar protocol had been "resolved" and that Spain will hold no objection when Gibraltar leaves

4280-636: The Grand Alliance , captured the town of Gibraltar on behalf of the Archduke Charles of Austria in his campaign to become King of Spain. Subsequently, most of the population left the town, with many settling nearby. As the Alliance's campaign faltered, the 1713 Treaty of Utrecht was negotiated, which ceded control of Gibraltar to Britain to secure Britain's withdrawal from the war. Unsuccessful attempts by Spanish monarchs to regain Gibraltar were made, with

4387-602: The Greek legend of the creation of the Strait of Gibraltar by Heracles . There is no known archaeological evidence of permanent settlements from the ancient period. They settled at the head of the bay in what is today known as the Campo (hinterland) of Gibraltar . The town of Carteia , near the location of the modern Spanish town of San Roque , was founded by the Phoenicians around 950 BC on

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4494-657: The Nasrids , Castilians and Marinids in the Late Middle Ages , acquiring larger strategic clout upon the destruction of nearby Algeciras c.  1375 . It became again part of the Crown of Castile in 1462. In 1704, Anglo-Dutch forces captured Gibraltar from Spain during the War of the Spanish Succession , and it was ceded to Great Britain in perpetuity under the Treaty of Utrecht in 1713. It became an important base for

4601-669: The Neolithic period have been found in Gibraltar's caves, mostly of types typical of the Almerian culture found elsewhere in Andalusia , especially around the town of Almería , from which it takes its name. There is little evidence of habitation in the Bronze Age when people had largely stopped living in caves. During ancient times, Gibraltar was regarded by the peoples of the Mediterranean as

4708-570: The Organisation of American States are protected for fifty years after creation (s. 168, Copyright (International Organisations) Order 1989 No. 989 ). Infringement of copyright is actionable by the copyright owner as the infringement of a property right (s. 96) or, in the case of infringement of moral rights , as the tort of breach of statutory duty (s. 103). Damages will not be awarded against an "innocent" defendant, i.e. one who did not know and had no reason to know that

4815-547: The Progressive Democratic Party (PDP). The PDP was a new party, formed in 2006 and fielded candidates in the 2007 election, but none were elected. The head of government is the Chief Minister (as of December 2011 , Fabian Picardo ). All local political parties oppose any transfer of sovereignty to Spain, instead supporting self-determination . The main UK opposition parties also support this policy, and it

4922-432: The Royal Navy and played an important role leading up to the Battle of Trafalgar (21 October 1805). Designated one of four Imperial fortresses (along with Halifax, Nova Scotia , Bermuda , and Malta ), its strategic location made it a key base during the Crimean War of 1854–1856. In the 18th century, the peacetime military garrison fluctuated in numbers from a minimum of 1,100 to a maximum of 5,000. The first half of

5029-449: The Royal Navy , particularly during the Napoleonic Wars and World War II , as it controlled the narrow entrance and exit to the Mediterranean Sea , the Strait of Gibraltar , with half the world's seaborne trade passing through it. The sovereignty of Gibraltar is a point of contention in Anglo-Spanish relations as Spain asserts a claim to the territory . Gibraltarians overwhelmingly rejected proposals for Spanish sovereignty in

5136-544: The Trade Marks Act 1938 c. 22. The Copyright and Related Rights Regulations 2003 amended the CDPA to provide an additional right of performers to require consent before making copies of their performances available to the public by electronic transmission. The act codifies the principle of secondary infringement, that is knowingly enabling or assisting in the infringement of copyright, which had previously been applied at common law (see R v Kyslant ). Secondary infringement covers: Liability for secondary infringement

5243-408: The naval dockyard providing the bulk of economic activity. This, however, has diminished over the last 20 years and is estimated to account for only 7 per cent of the local economy, compared to over 60 per cent in 1984. The territory also has a small manufacturing sector, representing a bit less than 2 per cent of the economy. Gibraltar's labour market employs around thirty thousand workers, 80% in

5350-435: The public interest defence , are not affected (s. 171), although many of the statutory permitted acts would also qualify under one of the common law defences: the defence of statutory authority is specifically maintained in section 50. This chapter of the Act has been substantially modified, notably by the Copyright and Related Rights Regulations 2003 No. 2498 transposing the EU Information Society Directive :

5457-432: The siege of 1727 , and again with the Great Siege of Gibraltar (1779 to 1783), during the American War of Independence . After the destructive Great Siege, the town was almost entirely rebuilt. Giovanni Maria Boschetti, who arrived in Gibraltar in 1784 as a 25-year-old from Milan, where he is thought to have been a stonemason or engineer, built the Victualling Yard (completed in 1812) and many other buildings. Boschetti

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5564-407: The 1956 Act: — however these transitional provisions were largely cancelled by the 1995 Regulations, which in many cases caused lapsed UK copyrights to be revived. Copyright in the following types of work lasts until 31 December 2039: Artistic works that are mass-produced by an industrial process suffer from a downgrading of their copyright term from the life of the creator plus 70 to 25 years as

5671-449: The 1988 Act does not depend on the initial owner of the copyright, nor on the country of origin of the work. The following durations do not apply to Crown copyright, Parliamentary copyright or the copyright of international organisations . Note that the Duration of Copyright and Rights in Performances Regulations 1995 amended the durations, for films only, to seventy years from the death of the last principal director, author or composer. If

5778-462: The 1988 Act. Section 301 and Schedule 6 contain an unusual grant of the right to royalties in perpetuity, proposed by Jim Callaghan , enabling Great Ormond Street Hospital for Children to continue to receive royalties for performances and adaptations, publications and broadcast of " Peter Pan " whose author, J. M. Barrie , had given his copyright to the hospital in 1929, later confirmed in his will. Although often incorrectly referred to as

5885-443: The 19th century saw a significant increase of population to more than 17,000 in 1860, as people from Britain and all around the Mediterranean – Italian, Portuguese, Maltese, Jewish and French – took up residence in the town. Its strategic value increased with the opening of the Suez Canal , as it lay on the sea route between the UK and the British Empire east of Suez. In the later 19th century, major investments were made to improve

5992-587: The 8th-century North African military leader Tariq ibn Ziyad , who began the Muslim conquest of the Iberian Peninsula via the Strait of Gibraltar in 711). Evidence of Neanderthal habitation in Gibraltar from around 50,000 years ago has been discovered at Gorham's Cave . The caves of Gibraltar continued to be used by Homo sapiens after the final extinction of the Neanderthals. Stone tools, ancient hearths and animal bones dating from around 40,000 years ago to about 5,000 years ago have been found in deposits left in Gorham's Cave. Numerous potsherds dating from

6099-411: The Act "restates and amends" (s. 172) the statutory basis for United Kingdom copyright law, although the Copyright Acts of 1911 (c. 46) and 1956 (c. 74) continue to have some effect in limited circumstances under ss. 170 & 171 and Schedule 1. It brings United Kingdom law into line with the Berne Convention for the Protection of Literary and Artistic Works , which

6206-438: The Act: Antigua , Dominica , Gambia , Grenada , Guyana , Jamaica , Kiribati , Lesotho , St. Christopher-Nevis , St. Lucia , Swaziland and Tuvalu . All other countries of origin whose works qualified for United Kingdom copyright under the UK Copyright Act 1911 , also known as the Imperial Copyright Act of 1911, or the 1956 Acts continue to qualify under this Act (para. 4(3) of Schedule 1). The Act simplifies

6313-416: The EU continued unchanged until the end of 2020 when it was replaced by the EU–UK Trade and Cooperation Agreement . On 31 December 2020, the UK and Spain agreed in principle on a basis for the EU and the UK to negotiate an agreement through which Gibraltar would participate in the Schengen Area , to avoid a hard border with Spain. The arrangements have not entered into force. In 2022, Gibraltar launched

6420-422: The EU with Britain. Gibraltar was nominated to be included on the United Nations list of non-self-governing territories by the United Kingdom when the list was created in 1946 and has been listed ever since. The government of Gibraltar has actively worked to have Gibraltar removed from the list, and in 2008 the British government declared Gibraltar's continued presence on the list an anachronism. Gibraltar

6527-423: The European Community covering special member state territories , with exemption from some areas such as the European Union Customs Union , Common Agricultural Policy and the Schengen Area . It is the only British Overseas Territory which was part of the European Union. After a 10-year campaign for the right to vote in European elections , from 2004 to 2019 the people of Gibraltar participated in elections for

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6634-409: The European Union, but is a participant in the EU–UK Trade and Cooperation Agreement . On 31 December 2020, the UK and Spain agreed in principle on a basis for the EU and the UK to negotiate an agreement through which Gibraltar would participate in the Schengen Area , to avoid a hard border with Spain. The arrangements have not entered into force, but both sides aim to keep delays at the border at

6741-452: The Gibraltar Parliament but is responsible to the British government in respect of defence, foreign policy, internal security and general good governance. Judicial and other appointments are made on behalf of the monarch in consultation with the head of the elected government . The 2011 election was contested by the Gibraltar Social Democrats (GSD), Gibraltar Socialist Labour Party (GSLP)- Liberal Party of Gibraltar (LPG) Alliance and

6848-420: The Iberian peninsula because of its position on the Strait of Gibraltar. Rain occurs mainly in winter, with summer being generally dry. Its average annual temperature is 21.7 °C (71.1 °F) as a daily high and 15.8 °C (60.4 °F) as the overnight low. In the coldest month, January, the high temperature averages 16.3 °C (61.3 °F) and the overnight low averages 11.2 °C (52.2 °F) and

6955-474: The Nasrid destruction and abandonment of Algeciras c.  1375 and Nasrids' procurement of Gibraltar away from Marinids in 1375, the Nasrids favoured Gibraltar (a worse natural harbor than Algeciras but featuring better defence capabilities) as a military and urban outpost in the Strait, although Gibraltar did not ever reach a large population during this period. In 1462, Gibraltar was captured by Juan Alonso de Guzmán, 1st Duke of Medina Sidonia , from

7062-551: The PCC. These rules meant that much more detail was required in the particulars of claim (the document that sets out the claimant's case), the procedure as a whole was streamlined further (no disclosure, no examination in chief of expert witness, tight control by the Judge of the issues that go to trial) and financial limits were introduced to both the damages (at £500,000) and the legal costs (at £50,000, with an additional cap per stage) recoverable. Trials should last no more than two days. The revitalised court has been generally viewed as

7169-451: The Registered Designs Act 1949 is included (s. 273, Schedule 4). Part V of the act provides for the registration of patent agents and trade mark agents and for the privilege of their communications with clients from disclosure in court. Part VI of the act creates a system of patents county courts for proceedings involving patents which are of a lesser financial implication. There are numerous commencement dates for

7276-423: The Rock before British control, having possibly been introduced during the Islamic period. A superstition analogous to that of the ravens at the Tower of London states that if the apes ever leave, so will the British. In 1944, British Prime Minister Winston Churchill was so concerned about the dwindling population of apes that he sent a message to the Colonial Secretary requesting that something be done about

7383-434: The Rock. Gibraltar is the only place in Europe where the Gibraltar candytuft ( Iberis gibraltarica ) is found growing in the wild; the plant is otherwise native to North Africa. It is the symbol of the Upper Rock nature reserve . Olive and pine trees are among the most common of those growing around the Rock. Most of the Rock's upper area is covered by a nature reserve which is home to around 230 Barbary macaques ,

7490-471: The UK signed more than one hundred years previously, and allowed the ratification of the Paris Act of 1971. Part I of the Act (copyright provisions) extends to the whole of the United Kingdom (s. 157); amendments by Order in Council extended the Act to Bermuda and Gibraltar . Works originating (by publication or nationality/domicile of the author) in the Isle of Man or the following former dependent territories qualify for copyright under

7597-512: The UK, ending some restrictions and dealing with disputes in some specific areas such as air movements, customs procedures, telecommunications, pensions and cultural exchange. In the British referendum on membership of the European Union 96% of Gibraltarians voted to remain on an 84% turnout. Spain renewed calls for joint Spanish–British control of the peninsula; these were strongly rebuffed by Gibraltar's Chief Minister. On 18 October 2018, however, Spain seemed to have reached an agreement with

7704-399: The UK, where Great Ormond Street Hospital's right to remuneration in perpetuity now prevails. Chapter III of Part I of the Act provides for a number of situations where copying or use of a work will not be deemed to infringe the copyright, in effect limitations on the rights of copyright holders. The existing common law defences to copyright infringement, notably fair dealing and

7811-505: The United Kingdom in relation to its objections to Gibraltar leaving the EU with the UK, with Spain's prime minister Pedro Sánchez stating, "Gibraltar will no longer be a problem in arriving at a Brexit deal." On 31 January 2020, the UK left the European Union and consequently so did Gibraltar. Under the terms of the transition phase in the Brexit withdrawal agreement , Gibraltar's relationship with

7918-506: The author from any derogatory treatment of the work in question. The act simplifies the regime of Crown copyright , that is the copyright in works of the United Kingdom government, and abolishes the perpetual Crown copyright in unpublished works of the Crown. It also creates the separate concept of parliamentary copyright for the works of the Parliament of the United Kingdom and the Scottish Parliament , and applies similar rules to

8025-463: The average sea temperature is 16 °C (61 °F). In the warmest month, August, the daily high temperature averages 28.4 °C (83.1 °F), the overnight low averages 21.2 °C (70.2 °F), and the average sea temperature is 22 °C (72 °F). Source 3: Meteoclimat (records except February, July and August record lows) Source 4: Time and Date (dew points and humidity) Over 500 different species of flowering plants grow on

8132-437: The boreholes is nowadays supplemented by two desalination plants: a reverse osmosis plant, constructed in a tunnel within the rock, and a multi-stage flash distillation plant at North Mole. Gibraltar's terrain consists of the 426 m-high (1,398 ft) Rock of Gibraltar made of Jurassic limestone , and the narrow coastal lowland surrounding it. It contains many tunnelled roads, most of which are still operated by

8239-519: The copyrights of certain international organisations. Crown copyright last for fifty years after publication, or 125 years after creation for unpublished works (s. 163): however, no unpublished works of the Crown will come into the public domain until 31 December 2039, that is fifty years after the commencement of section 163. Acts of the United Kingdom and Scottish parliaments and Church of England measures are protected by Crown copyright for fifty years from royal assent (s. 164). Works of

8346-459: The description below is of the Act as it received royal assent. The following are also permitted acts (the list is not exhaustive): In general, limited copying for educational use (including examination) is permitted so long as it is ' fair dealing ' and is performed by the person giving or receiving instruction (s. 32) or by the education establishment in the case of a broadcast (s. 35) : however, reprographic copying of published editions

8453-477: The design must be original (not commonplace in the field in question) and not fall into one of the excluded categories (s. 213(3)): The design must be recorded in a document after 1989-08-01 (s. 213(6)): designs recorded or used before that date do not qualify (s. 213(7)). The design right lasts for fifteen years after the design is recorded in a document, or for ten years if articles have been made available for sale (s. 216). The copyright in

8560-405: The different categories of work which are protected by copyright, eliminating the specific treatment of engravings and photographs. The following works are exempted from copyright by the transitional provisions of Schedule 1: Finally, section 3(2) states that copyright does not subsist in a literary, dramatic or musical work until it is recorded in writing or otherwise. This act of recording

8667-473: The different sections of the Act, detailed below. The provisions on copyright, rights in performances and design right came into force on 1 August 1989, while the registration of patent agents and trade mark agents came into force on 13 August 1990. The Copyright, Designs and Patents Act 1988 (Commencement No. 2) and (Commencement No. 3) Orders 1989 are technical measures to allow the preparation of secondary legislation. The following regulations were made under

8774-467: The discretion of the IPEC; the High Court also routinely transfers cases from its list to the IPEC. As with the High Court, appeals from IPEC decisions (if leave to appeal is granted) are heard by the Court of Appeal . Cases are heard by the judge or an appointed deputy judge. Since the founding of the court, there have been four judges: Copyright, Designs and Patents Act 1988 The Copyright, Designs and Patents Act 1988 (c. 48), also known as

8881-400: The duration of the registered design right (ss. 1 & 8 of the 1949 Act) are notably modified. Provisions are also added to allow ministers to take action to protect the public interest in monopoly situations (s. 11A of the 1949 Act) and to provide for compensation for Crown use of registered designs (para. 2A to Schedule 1 to the 1949 Act). A consolidated version of

8988-408: The end of the calendar year when such articles were first marketed (s. 52). It is not an infringement of the copyright in a typeface to use it in the ordinary course of printing or to use the material produced by such printing (s. 54). Part IV of the Act contains a certain number of amendments to the Registered Designs Act 1949 c. 88. The criteria for registration of a design and

9095-529: The end of the year in which the performance was given (s. 191). They may not be assigned or transferred, and pass to the performer's executors on death (s. 192). An infringement of rights in performances is actionable under the tort of breach of statutory duty . Orders are available for the delivery up ( Scots law : delivery) and disposal of infringing copies (ss. 195, 204): holders in rights in performances may also seize such copies (s. 196). The making, dealing in or use of infringing copies

9202-566: The famous "apes" of Gibraltar, which are actually monkeys . These are the only wild apes or monkeys found in Europe. This species, known scientifically as Macaca sylvanus , is listed as endangered by the IUCN Red List and is declining. Three-quarters of the world population live in the Middle Atlas mountains of Morocco . Recent genetic studies and historical documents point to their presence on

9309-405: The film is of unknown authorship: seventy years from creation, or if released within this period, seventy years from first release. These provisions apply to works existing on 1 August 1989, other than those covered by Crown copyright or Parliamentary copyright (paras. 12 & 13 of Schedule 1). The duration of copyright in the following types of work continued to be governed by

9416-672: The fortifications and the port. During the Second World War , most of Gibraltar's civilian population was evacuated , mainly to London, but also to parts of Morocco and Madeira and to Gibraltar Camp in Jamaica . The Rock was strengthened as a fortress . On 18 July 1940, the Vichy French air force attacked Gibraltar in retaliation for the British bombing of the Vichy navy. The naval base and

9523-415: The frontier workers are Spanish nationals. More than half (55 Percent) of the private sector employee jobs are held by persons who are not Gibraltarians or Other British nationalities. The public sector, on the other hand, employs mainly Gibraltarians and other British (90 Percent) As a consequence, according to Fabian Picardo , Chief Minister of Gibraltar, during Brexit negotiations, a frontier which lacked

9630-466: The garrison of the town for two years, after which time they were expelled, returning to their home towns or moving on to other parts of Spain. In 1501, Gibraltar passed back to the Spanish Crown, and Isabella I of Castile issued a Royal Warrant granting Gibraltar the coat of arms that it still uses. In 1704, during the War of the Spanish Succession , a combined Anglo - Dutch fleet, representing

9737-526: The island at a critical time in the face of concentrated air attacks from German and Italian forces. Spanish dictator Francisco Franco 's reluctance to allow the German Army onto Spanish soil frustrated a German plan to capture the Rock, codenamed Operation Felix . In the 1950s, Franco renewed Spain's claim to sovereignty over Gibraltar and restricted movement between Gibraltar and Spain. Gibraltarians voted overwhelmingly to remain under British sovereignty in

9844-598: The labour force are resident in Spain or non-Gibraltarians, especially in the private sector. Since Brexit , Gibraltar is not a member of the European Union but negotiations are under way to have it participate in the Schengen Agreement to facilitate border movements between Gibraltar and Spain. As of March 2023 , talks seem deadlocked. The name is derived from Arabic : جبل طارق , romanized :  Jabal Ṭāriq , lit.   'Mount of Tariq' (named after

9951-596: The law of the United Kingdom on Registered Designs and patents . Essentially, the 1988 Act and amendment establishes that copyright in most works lasts until 70 years after the death of the creator if known, otherwise 70 years after the work was created or published (50 years for computer-generated works). In order for a creation to be protected by copyright it must fall within one of the following categories of work: literary work, dramatic work, musical work, artistic work, films, sound recordings, broadcasts, and typographical arrangement of published editions. Part 1 of

10058-401: The military and closed to the general public. Gibraltar has a Mediterranean climate ( Köppen climate classification Csa ), with mild, rainy winters and summers that are very warm to hot and humid, but with very little rainfall. As is the case for nearby Algeciras and Tarifa , summers are significantly cooler and annual temperature more constant than other cities on the southern coast of

10165-403: The necessary fluidity for people to be able to access their places of work would put directly at risk nearly half of the jobs of the Gibraltar workforce. In the early 2000s, many bookmakers and online gaming operators moved to Gibraltar to benefit from operating in a regulated jurisdiction with a favourable corporate tax regime. This corporate tax regime for non-resident controlled companies

10272-479: The parliaments of the United Kingdom and of Scotland, except bills and acts, are protected by parliamentary copyright for fifty years after creation: bills are protected from the date of their introduction to the date of royal assent or of rejection (ss. 165–167, Parliamentary Copyright (Scottish Parliament) Order 1999 No. 676 ). The works of the United Nations and its specialised agencies and of

10379-457: The performer's consent (s. 183) and the import or distribution of illicit recordings (s. 184) are also infringements of the performer's rights. A person having an exclusive recording contract over one or more performances of an artist holds equivalent rights to the performer himself (ss. 185–188). Schedule 2 lists the permitted acts (limitations) in relation to these rights. Rights in performances last for fifty years from

10486-526: The private sector and 20% in the public sector. The unemployment rate is extremely low, at around 1 per cent. More than half (53 Percent) of the labour force are resident in Spain or are non Gibraltarians. According to the Government of Gibraltar's statistics, around 45 Percent of the total employee jobs, and 58% of the private sector jobs, are held by frontier workers (employees who are normally resident in Spain but are employed in Gibraltar). Around 63 Percent of

10593-414: The reporting of current events, newspaper publications, or collective works of reference (s. 81). Once someone has successfully claimed their moral rights to be infringed, they are entitled to a remedy. As moral rights are non-economic in nature, damages would be for non-economic loss. For example, this might include a remedy imposed by the court that requires the defendant to issue a disclaimer dissociating

10700-501: The settlements of Sandy Bay and Catalan Bay ; and the Westside , where the vast majority of the population lives. Gibraltar has no administrative divisions but is divided into seven Major Residential Areas . Having negligible natural resources and few natural freshwater resources, limited to natural wells in the north, until recently Gibraltar used large concrete or natural rock water catchments to collect rainwater. Fresh water from

10807-512: The ships based there played a key role in the provisioning and supply of the island of Malta during its long siege . As well as frequent short runs, known as "Club Runs", towards Malta to fly off aircraft reinforcements (initially Hurricanes , but later, notably from the USN aircraft carrier Wasp , Spitfires ), the critical Operation Pedestal convoy was run from Gibraltar in August 1942. This resupplied

10914-626: The site of an early settlement of the native Turdetani people. After the collapse of the Western Roman Empire , Gibraltar came briefly under the control of the Vandals , who crossed into Africa at the invitation of Boniface , the Count (or commander) of the territory. The area later formed part of the Visigothic Kingdom of Hispania for almost 300 years, from 414 until 711 AD. Following

11021-560: The situation. Other mammals found in Gibraltar include rabbits, foxes and bats. Dolphins and whales are frequently seen in the Bay of Gibraltar . Migrating birds are very common and Gibraltar is home to the only Barbary partridges found on the European continent. In 1991, Graham Watson, Gibraltar's MEP , highlighted conservationists ' fears that urban development , tourism and invasive plant species were threatening Gibraltar's own plants as well as birds and bat species . In May 2016,

11128-460: The transposition of European Union directives and by the application of the WIPO Performances and Phonograms Treaty : the section below describes only the rights which were created by the Copyright, Designs and Patents Act 1988 itself. A performer has the exclusive right to authorise the recording and/or broadcast of his performances (s. 182). The use or broadcast of recordings without

11235-453: The work was under copyright, but other remedies (e.g. injunction , account of profits : Scots law interdict, accounting and payment of profits) continue to be available (s. 97, see Microsoft v Plato Technology ). Orders are available for the delivery up (Scots law: delivery) and disposal of infringing copies (ss. 99, 114): copyright owners may also seize such copies (s. 100). The making, dealing in or use of infringing copies

11342-500: Was phased out by January 2011 and replaced by a still favourable fixed corporate tax rate of 10 per cent. Tourism is also a significant industry. Gibraltar is a popular port for cruise ships and attracts day visitors from resorts in Spain. The Rock is a popular tourist attraction, particularly among British tourists and residents in the southern coast of Spain. It is also a popular shopping destination, and all goods and services are VAT free, but may be subject to Gibraltar taxes. Many of

11449-498: Was that cases at the PCC can be argued by solicitors or patent attorneys , rather than having to be presented by separate qualified barristers . In order to revitalise the court and provide some procedural distinction from the High Court, a new set of procedural rules were introduced in Autumn 2010, at the same time that (as he then was) His Honour Colin Birss was appointed as the judge of

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