International Obligations, National Approaches, and Remaining Gaps – Global Perspectives on the Implementation of the Marrakesh Treaty

Turning from formulation to implementation, this chapter paints a global portrait depicting the diverse array of national laws adopted to implement the Marrakesh Treaty domestically among its Contracting Parties. It sheds new light on how effective the Treaty has been in stimulating legislative shifts in copyright and disability rights policy, both from the perspective of individual Contracting Parties for readers interested in specific national contexts, and wider trends from a global perspective for those researching the Treaty’s overall impact. The essential elements of the Treaty’s framework are used as a benchmark for assessing how closely a Contracting Party’s implementation aligns with the Treaty’s text and spirit, highlighting remaining gaps where national laws require further reform. In particular, the chapter spotlights instances where implementations have been exemplary in emulating the Treaty’s framework (or beyond), partial implementations where progress has been made but further reform is required, and minimal implementations where there are multiple areas of concern, including restrictive approaches to the rights of beneficiary persons. It also provides insights into how the cross-border exchange of works is occurring in practice and the challenges faced so far.