EU Intellectual Property Law & Policy News

Antitrust: European Commission launches public consultation on keystone antitrust regulation

2008-07-25T11:44:00.000-07:00

The European Commission has launched a public consultation on the functioning of the Council Regulation (1/2003) that sets out the rules for the European Commission's enforcement of EC Treaty antitrust rules. This Regulation, which took effect on 1 May 2004, also entrusts national competition authorities and courts with the role of applying the EU antitrust rules, meaning that there is wide-spread enforcement of the same set of rules to prosecute cartels and other anti-competitive practices throughout Europe. The European Commission is looking for views on all aspects of its implementation in practice. Regulation 1/2003 was the result of the most comprehensive reform of antitrust procedures since 1962. Its key objectives are more effective enforcement of EC antitrust rules in the interests of consumers and businesses, while bringing about a more level playing field and reducing red tape for companies operating in Europe. The European Commission will use the results of the consultation to prepare the report on the functioning of Regulation 1/2003, which should be presented to the European Parliament and the EU Council by 1 May 2009. Interested parties are invited to submit their comments by 30 September 2008.
[European Commission Press Release]

Antitrust: European Commission prohibits practices which prevent European collecting societies offering choice to music authors and users

2008-07-17T17:48:00.001-07:00

The European Commission has adopted an antitrust decision prohibiting 24 European collecting societies from restricting competition by limiting their ability to offer their services to authors and commercial users outside their domestic territory. However, the decision allows collecting societies to maintain their current system of bi-lateral agreements and to keep their right to set levels of royalty payments due within their domestic territory. The prohibited practices consist of clauses in the reciprocal representation agreements concluded by members of CISAC (the "International Confederation of Societies of Authors and Composers") as well as other concerted practices between those collecting societies. The practices infringe rules on restrictive business practices (Article 81 of the EC Treaty and Article 53 of the EEA Agreement). The European Commission decision requires the collecting societies to end these infringements by modifying their agreements and practices, but does not impose fines. The removal of these restrictions will allow authors to choose which collecting society manages their copyright (e.g. on the basis of quality of service, efficiency of collection and level of management fees deducted). It will also make it easier for users to obtain licences for broadcasting music over the internet, by cable and by satellite in several countries from a single collection society of their choice.
[European Commission Press Release]

Industrial Property Rights: European Commission launches strategy to drive innovation from the laboratory to the marketplace

2008-07-17T17:45:00.001-07:00

The European Commission today adopted a Communication on a new industrial property rights strategy for Europe. Together with the creation of a Community patent and integrated patent jurisdiction, the Communication outlines a number of actions as the keystone to maintain a high quality industrial property rights system for the EU in the 21st century. It sets out to support inventors in making informed choices on the protection of their industrial property rights and calls for robust enforcement against counterfeiting and piracy. The Communication also aims to ensure that industrial property rights in Europe are of high quality and that they are accessible to all innovators, particularly small- and medium-sized enterprises (SMEs).
[European Commission Press Release]

Intellectual Property: European Commission adopts forward-looking package

2008-07-17T17:41:00.000-07:00

The European Commission today adopted two initiatives in the area of copyright. First, the European Commission proposes to align the copyright term for performers with that applicable to authors, in this way bridging the income gap that performers face toward the end of their lives. Secondly, the European Commission proposes to fully harmonise the copyright term that applies to co-written musical compositions. In parallel, the European Commission also adopted a Green Paper on Copyright in the Knowledge Economy. The consultation document focuses on topics that appear relevant for the development of a modern economy, driven by the rapid dissemination of knowledge and information. Both of these initiatives comprise a unique mix of social, economic and cultural measures aimed at maintaining Europe as a prime location for cultural creators in the entertainment and knowledge sectors.
[European Commission Press Release]

Antitrust: European Commission prohibits practices which prevent European collecting societies offering choice to music authors and users

2008-07-17T17:34:00.001-07:00

[Frequently Asked Questions]

Communication on an Industrial Property Rights Strategy for Europe

2008-07-17T17:32:00.000-07:00

[Frequently Asked Questions]

European Commission Proposal on a European Directive for Term Extension

2008-07-17T17:29:00.000-07:00

[Frequently Asked Questions]

ECJ: O2 cannot rely on its trade mark rights to prevent the use of a similar sign in a comparative advertisement for Hutchison 3G

2008-06-12T07:53:00.000-07:00

A trade mark proprietor is not entitled to prevent the use of a sign identical with, or similar to, a mark in a comparative advertisement if there is no likelihood of confusion on the part of the consumer between the advertiser and the proprietor of the mark or between the advertiser’s marks, goods or services and those of the proprietor of the mark
[European Court of Justice Press Release]

European Commissioner Neelie Kroes on being open about standards

2008-06-10T05:48:00.000-07:00

Neelie Kroes, European Commissioner for Competition Policy: Being open about standards, OpenForum Europe - Breakfast seminar, Brussels, Belgium, 10 June 2008
[Speech]

European Commissioner Charlie McCreevy on private copying levies

2008-06-07T08:58:00.000-07:00

European Commissioner Charlie McCreevy's opening speech on private copying levies, Conference on 'private copying levies' – Public Hearing, Centre Borschette, Brussels, 27 May 2008
[Speech]

European Commission publishes 2007 Customs seizures of counterfeit goods at the EU's external border

2008-05-23T07:01:00.001-07:00

Statistics just published by the European Commission relating to counterfeit and piracy show a significant increase in customs activity last year. In 2007, customs registered over 43,000 cases of fake goods seized at the EU's external border, compared to 37,000 in 2006. This results notably from improved cooperation between customs and industry, enabling customs to better target suspected shipments and to recognize counterfeit goods. Despite this, the number of articles seized decreased from last year's peak of 128 million articles to around 79 million. This is due to a growing number of seizures involving smaller quantities of counterfeit and pirated articles. However, cigarettes and clothing continue to be faked in large quantities and there has been a worrying increase in sectors that are potentially dangerous to consumers (medicines, electrical equipment, personal care products).
[European Commission Press Release]

2007 customs seizures of counterfeit goods

2008-05-23T06:59:00.000-07:00

[Frequently Asked Questions]

Conference on Counterfeiting and Piracy, Brussels, May 13, 2008

2008-05-15T03:53:00.000-07:00

[Frequently Asked Questions]

European Commissioner Charlie McCreevy on counterfeiting and piracy

2008-05-15T03:50:00.000-07:00

Charlie McCreevy, European Commissioner for Internal Market and Services: Counterfeiting and Piracy, Conference on Counterfeiting and Piracy, Brussels, 13 May 2008
[Speech]

European Commission to hold conference on counterfeiting and piracy

2008-04-29T01:46:00.001-07:00

The European Commission will hold a conference on counterfeiting and piracy on 13 May 2008. Speakers will cover various topics including the effects on economic growth and job creation in Europe, risks to citizens' health and safety and measures which could enhance the fight against fake goods. Members of the European Parliament as well as a wide range of stakeholders representing business, public administrations and civil society are expected to attend.
[European Commission Press Release]

European Commissioner Charlie McCreevy's Speech on the occasion of World Intellectual Property Day

2008-04-29T01:42:00.001-07:00

Charlie McCreevy, European Commissioner for Internal Market and Services: Speech on the occasion of World Intellectual Property Day, World Intellectual Property Day Meeting, Dublin, Ireland, 28 April 2008
[Speech]

ECJ: The general interest in leaving certain signs available to all does not restrict, as such, the exclusive rights of a trade mark proprietor

2008-04-26T06:19:00.000-07:00

The trade mark proprietor cannot, however, prohibit third parties from using descriptive indications, provided that such use is fair.
[European Court of Justice Press Release]

Antitrust: European Commission presents policy paper on compensating consumer and business victims of competition breaches

2008-04-24T10:05:00.001-07:00

The European Commission has published a White Paper suggesting a new model for achieving compensation for consumers and businesses who are the victims of antitrust violations (breaches of EC Treaty rules on restrictive business practices and abuse of dominant market positions). At present, there are serious obstacles in most EU Member States that discourage consumers and businesses from claiming compensation in court in private antitrust damages actions. The White Paper includes suggestions to make damages claims by victims more efficient, whilst ensuring respect for European legal systems and traditions. The model outlined by the European Commission is based on compensation through single damages for the harm suffered. The White Paper's other key recommendations cover collective redress, disclosure of evidence and the effect of final decisions of competition authorities in subsequent damages actions. The recommendations balance rights and obligations of both the claimant and the defendant and include safeguards against abuses of litigation. Interested parties are invited to comment on the recommendations until 15 July 2008. The European Commission will then reflect on concrete measures in the light of responses to the White Paper.
[European Commission Press Release]

Antitrust: EU policy paper on compensating consumer and business victims of competition breaches

2008-04-24T10:00:00.000-07:00

[Frequently Asked Questions]

European Commissioner Neelie Kroes on compensating victims of competition breaches

2008-04-24T09:55:00.000-07:00

Neelie Kroes, European Commissioner for Competition Policy: Policy paper on compensating victims of competition breaches, Opening remarks at press conference, Brussels, 3rd April 2008
[Speech]

European Commissioner Neelie Kroes on EU & US antitrust policies

2008-04-23T10:10:00.000-07:00

Neelie Kroes, European Commissioner for Competition Policy: EU & US antitrust policies – our shared belief in competitive markets, Opening remarks at 56th Annual Spring Meeting of The American Bar Association Section of Antitrust Law, Washington, D.C, 28th March 2008
[Speech]

Standards to boost innovation and competitiveness

2008-03-15T14:06:00.000-07:00

Standardisation can make an important contribution to the development of sustainable industrial policy, unlock the potential of innovative markets and strengthen the position of European economy through more efficient capitalising of its knowledge basis. These are the main conclusions of a European Commission communication "Towards an increased contribution from standardisation to innovation in Europe". It identifies the most important challenges faced, presents concrete objectives for standardisation and the use of standards, and consolidates on-going efforts and proposed measures to be launched both by relevant stakeholders and by the European Commission. The communication identifies key elements for focusing EU standardisation policy on innovation such as commitment to market-led standardisation and to the voluntary use of standards, inclusion of new knowledge in standards or access to standardisation of all interested stakeholders, in particular small and medium enterprises, but also consumers and researchers.
[European Commission Press Release]

Unlocking Europe's potential for innovation: European Parliament vote gives green light to the European Institute of Innovation and Technology (EIT)

2008-03-15T14:01:00.000-07:00

The European Parliament adopted the Regulation establishing the European Institute of Innovation and Technology (EIT). The next steps include appointing the EIT's Governing Board by June 2008 and establishing the first two or three Knowledge and Innovation Communities (KICs) towards end of 2009.
[European Commission Press Release]

The European Institute of Innovation and Technology: Frequently Asked Questions

2008-03-15T13:57:00.000-07:00

[European Commission Memo]

European Commission President José Manuel Durão Barroso: Counting the Cost of Counterfeits - Fakes Cost More

2008-03-10T08:32:00.000-07:00

[Speech at the Global Anti-Counterfeit Summit, Brussels, March 10, 2008]