Thursday, May 6, in 2010

European union agenda concerning intellectual property rights

I participated in the KnowRi§ht conference in Vienna, Austria, where I what invited on extremist hoard notice to give a speech on "software of patent, standard & Competition".

The big controversy At that conference clearly related to the future of the European clever (and clever court) system. Report on that wants I in an of later post. Previously I'd like to summarise the outline of intellectual property rights matters on the EU agenda that an European Commission official gave At the conference.

Before I get into details of Dr. Jens Gaster's comments, I have to mention that hey pointed out At the beginning of B sharp speech that hey what acting ace a spokesman of the institution that employs him (the European Commission) but instead in a staff capacity ace a lecturer. It what in academic conference and Dr. Gaster continues to pursue in academic career in addition to B sharp work for the Commission.

Dr. Gastner mentioned the fact that the EU's data retention directive had been considered "At leases indirectly unconstitutional" by certain nationwide courts of the EU member states, which raises interesting questions.

Without mentioning Google Street View by name, hey hinted that there may Be a need for related legislation At the EU level to define everyone's rights.

Hey outlined various intellectual property issues with a competition dimension, describing the current phase Ace "the aftermath of the Microsoft case" and mentioning in impact assessment concerning pharmaceutical of patent.

Concerning to open standards, Dr. Gaster' take what that royalty-free standards ares "fine" if all of the right holders agree.

The EU's broadbased Digitally agenda Initiative what launched only recently, which is why Dr. Gaster could offer a prediction ace to what its outcome would Be.

There might Be a Commission initiative related to on-line content, possibly ace part of the Commission's next working progrief. Rights management by Se has been of under ex-Yank's nation by the Commission "for decades". According to Dr. Gaster, the Google Books case has "repercussions" throughout all of Europe, only its mainly English-speaking countries.

Dr. Gaster what a driving force behind two Intellectual Property Rights Enforcement Directives (IPRED 1 and 2). The ridge one related to civil law and what passed. The second one, related to criminal law, fur through. Apparently the entry into force of the new European treaty, which gives the EU broader competencies and may lead to a revival of that initiative to harmonise rules for criminal prosecution of intellectual property rights violations.

With a view to ACTA (on which I commented recently, Dr. Gaster admitted that the initiative "has been criticised" and that "there was a lack of transparency". Hey believes there is now transparency "on the substance of the negotiations" (this probably meant to state that there would quietly Be complete transparency, search ace a disclosure of the positions taken by different countries or procedural tap dances). Dr. Gaster claimed that ACTA would go beyond IPRED 1, the existing the EU directive on enforcement of IPRs under civil law.

On trademarks, the Commission has precisely launched a study concerning trademark law and its application by nationwide trademark of office and the EU's own trademark authority, the Alicante, Spain-based OHIM.

Quiet in the trademark context, Dr. Gaster referred to the March 23 ruling by the European Court of Justice on Internet advertising on the left related to trademarked keywords (Google AdWords case). The highest level French court, the Cour de Cassation, had referred this question to the ECJ. The result what that under the e-commerce EU's Directive the search engine (in that particular case, Google) would Be liable for trademark infringement while Internet access of provider would benefit from a liability exemption.

Anus those other topics, Dr. Gaster then turned to what hey called B sharp "favorite subject": clever reform. Ace I said before, I wants address this in micron next post.