Tuesday, January 21, 2014
Monday, January 20, 2014
Sunday, January 19, 2014
Friday, January 17, 2014
Open Data : ouverture et partage des données publiques culturelles
C. Domange, Ministère de la Culture et de la Communication, ici.
Thursday, January 16, 2014
Wednesday, January 15, 2014
Tuesday, January 14, 2014
Aggregates, cement and ready-mix concrete market investigation
Competition Commission, Final Report, here.
Monday, January 13, 2014
Against the "Making Available" Right
G. Lunne, Statement, Committee on the Judiciary, Hearing:The Scope of Copyright, here.
Barnier on the Unified Patent Court and the risk of patent trolls
Answer to a MEP's question to the Commission, here.
Friday, January 10, 2014
Open Data Licensing (With Emphasis on the Italian Public Sector): Guidelines for Choosing and Applying the Most Suitable License
C. Piana, S. Aliprandi, Presentations's video and slides here.
How the Google Consent Order Alters the Process and Outcomes of Frand Bargaining
E. Dorsey, M. McGuire, here.
Thursday, January 09, 2014
AG Cruz Villalón: l’exception de copie privée ne s’applique qu’aux reproductions réalisées à partir de sources licites
Affaire C‑435/12, ACI Adam BV et al. contre Stichting de Thuiskopie, ici.
Wednesday, January 08, 2014
Tuesday, January 07, 2014
Global Congress Declaration on Fundamental Public Interest Principles for International Intellectual Property Negotiations
Adopted at the Third Global Congress on Intellectual Property and the Public Interest, University of Cape Town, December 13, 2013, here.
Antitrust Marathon V: When in Rome Public and Private Enforcement of Competition Law
P. Marsden, S. Weber Waller, P. Fabbio, here.
Monday, January 06, 2014
What technological developments (and related legal issues) will 2014 bring?
Taylorwessing.com, here.
Competition law, intellectual property rights and dynamic analysis: Towards a new institutional “equilibrium ?”
F. Jenny, I. Lianos, H. Hovenkamp. F. Marshall, S. Sivaramjani Thambisetty, here.
Chapters, in detail:
I. Lianos, Introduction
S. Thamisetty, WHY PATENT LAW DOESN’T DO INNOVATION POLICY
H. Hovenkamp, INSTITUTIONAL ADVANTAGE IN COMPETITION AND INNOVATION POLICY
F. Jenny, ANTICOMPETITIVE ABUSES OF PATENT SYSTEMS AND THE ROLE OF COMPETITION AUTHORITIES
F. Marshall, A STUDY OF EXECUTIVE BRANCH COLLABORATION
Chapters, in detail:
I. Lianos, Introduction
S. Thamisetty, WHY PATENT LAW DOESN’T DO INNOVATION POLICY
H. Hovenkamp, INSTITUTIONAL ADVANTAGE IN COMPETITION AND INNOVATION POLICY
F. Jenny, ANTICOMPETITIVE ABUSES OF PATENT SYSTEMS AND THE ROLE OF COMPETITION AUTHORITIES
F. Marshall, A STUDY OF EXECUTIVE BRANCH COLLABORATION
From Hydrogen Peroxide to Comcast: The New Rigor in Antitrust Class Actions
J. Keyte, P. Eckles, and K. Hoffman Lent, here.
Friday, January 03, 2014
Friday, December 27, 2013
Thursday, December 26, 2013
Monday, December 23, 2013
Sunday, December 22, 2013
Friday, December 20, 2013
Wednesday, December 18, 2013
Tuesday, December 17, 2013
EFTA Court Judgement on Principles Governing PSI Charging
Creditinfo Lánstraust hf. and Registers Iceland and the Icelandic State, Case E-7/13, 16 December 2013, here.
Monday, December 16, 2013
Advocates Release Best Practices for Making Open Government Data “License-Free”
E-pluribusunum.com, here
Sunday, December 15, 2013
Saturday, December 14, 2013
Unglue.it opens a new chapter – a bookstore for books that want to be free
Libraries.wright.edu, here.
The Politics of the EU Court Data Retention Opinion: End to Mass Surveillance?
Freedom-to-tinker.com, here.
Il Trattato di Marrakesh per favorire l'accesso alle opere da parte di persone con difficoltà di lettura: aspetti applicativi
S. Vezzoso (this blog's author), here.
Friday, December 13, 2013
Innovation & Intellectual Property: Collaborative Dynamics in Africa
J. de Beer, C. Armstrong, C. Oguamanam & T. Schonwetter, here.
Thursday, December 12, 2013
Wednesday, December 11, 2013
Data Protection Principles for the 21st Century - Revising the 1980 OECD Guidelines
F. Cate, P. Cullen, V. Mayer-Schönberger, here (pdf download).
Visualizing TPP Negotiating Positions with New Leaks: Salt Lake City
Topromotetheprogress.wordpress.com, here.
Tuesday, December 10, 2013
Monday, December 09, 2013
France's sovereign patent fund takes aim at LG and HTC in the US and Germany
Iam-magazine.com, here.
Intellectual property and competition policy
J. Almunia, here. Important update on (too?) many open issues: SEP, patent trolls, Google Search, etc.
UK Police Intellectual Property Crime Unit goes global in its pursuit of illegal websites
Cityoflondon.police.uk, here.
Sunday, December 08, 2013
Study on business models for Linked Open Government Data
Interoperability Solutions for European Public Administrations (ISA) Programme of the European Commission, here.
Saturday, December 07, 2013
Friday, December 06, 2013
Thursday, December 05, 2013
The Holy See on the TPP
Statement, 9th Session of the Ministerial Conference of the World Trade Organization
Bali, here (p.4-5).
Bali, here (p.4-5).
Public Consultation on the review of the EU copyright rules
Here.Press Release, here.
Some highlights:
"The principle of EU exhaustion of the distribution right applies in the case of the distribution of physical copies (e.g. when a tangible article such as a CD or a book, etc. is sold, the right holder cannot prevent the further distribution of that tangible article). The issue that arises here is whether this principle can also be applied in the case of an act of transmission equivalent in its effect to distribution (i.e. where the buyer acquires the property of the copy). This raises difficult questions, notably relating to the practical application of such an approach (how to avoid re-sellers keeping and using a copy of a work after they have “re-sold” it – this is often referred to as the “forward and delete” question {The UsedSoft ruling had an answer to that} as well as to the economic implications of the creation of a second-hand market of copies of perfect quality that never deteriorate (in contrast to the second-hand market for physical goods) {also, technical solutions possible?}
Some highlights:
"The principle of EU exhaustion of the distribution right applies in the case of the distribution of physical copies (e.g. when a tangible article such as a CD or a book, etc. is sold, the right holder cannot prevent the further distribution of that tangible article). The issue that arises here is whether this principle can also be applied in the case of an act of transmission equivalent in its effect to distribution (i.e. where the buyer acquires the property of the copy). This raises difficult questions, notably relating to the practical application of such an approach (how to avoid re-sellers keeping and using a copy of a work after they have “re-sold” it – this is often referred to as the “forward and delete” question {The UsedSoft ruling had an answer to that} as well as to the economic implications of the creation of a second-hand market of copies of perfect quality that never deteriorate (in contrast to the second-hand market for physical goods) {also, technical solutions possible?}
Finally, the question of flexibility and adaptability is being raised: what is the best mechanism
to ensure that the EU and Member States’ regulatory frameworks adapt when necessary
(either to clarify that certain uses are covered by an exception or to confirm that for certain
uses the authorisation of rightholders is required)? The main question here is whether
a greater degree of flexibility can be introduced in the EU and Member States regulatory
framework while ensuring the required legal certainty, including for the functioning of the
Single Market, and respecting the EU's international obligations. {pretty straightforward answer: yes, on all accounts}.
Teaching (exception)
Some argue that the law should provide for better possibilities for distance learning and study at home {indeed: my longish take here, Italian only}.
Marrakesh Treaty
The EU and its Member States have started work to sign and ratify the Treaty {how far advanced are they, really? }This may require the adoption of certain provisions at EU level (e.g. to ensure the possibility to exchange accessible format copies across borders).
A specific Working Group was set up on this issue in the framework of the "Licences for Europe" stakeholder dialogue. No consensus was reached among participating stakeholders on either the problems to be addressed or the results. At the same time, practical solutions to facilitate text and data mining of subscription-based scientific content were presented by publishers as an outcome of “Licences for Europe”. In the context of these discussions, other stakeholders argued that no additional licences should be required to mine material to which access has been provided through a subscription agreement and considered that a specific exception for text and data mining should be introduced {following some proposals at State level...Shouldn't it be the other way round?} possibly on the basis of a distinction between commercial and non-commercial.
Teaching (exception)
Some argue that the law should provide for better possibilities for distance learning and study at home {indeed: my longish take here, Italian only}.
Marrakesh Treaty
The EU and its Member States have started work to sign and ratify the Treaty {how far advanced are they, really? }This may require the adoption of certain provisions at EU level (e.g. to ensure the possibility to exchange accessible format copies across borders).
A specific Working Group was set up on this issue in the framework of the "Licences for Europe" stakeholder dialogue. No consensus was reached among participating stakeholders on either the problems to be addressed or the results. At the same time, practical solutions to facilitate text and data mining of subscription-based scientific content were presented by publishers as an outcome of “Licences for Europe”. In the context of these discussions, other stakeholders argued that no additional licences should be required to mine material to which access has been provided through a subscription agreement and considered that a specific exception for text and data mining should be introduced {following some proposals at State level...Shouldn't it be the other way round?} possibly on the basis of a distinction between commercial and non-commercial.
Wednesday, December 04, 2013
Tuesday, December 03, 2013
Open Data in Transition: Intellectual Property, Competition, and Regulatory Issues
Thursday 19th December 2013
University of Trento
University of Trento
Venue: Department of Economics and Management
Conference Programme here.
Monday, December 02, 2013
Sunday, December 01, 2013
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Full of amazing panels, you just have to watch them all - over the coming weeks and months, also because they'll even get better with ti... -
Video soon available here .
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M. Vestager, here . Letta Report here . Draghi's Géopolitiques Article here .
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M. Nottingham, here .
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ACM, here .
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EC, Policy Brief here .