Wednesday, 8 February 2012

EU intellectual property rights (IPR) agenda

The high-running Twitter discussion about #ACTA, the Avaaz online petition for rejection of the Anti-Counterfeiting (and much more) Trade Agreement and the wave of demonstrations all over Europe merit some facts and discussion about the IPR agenda of the EU Commission.

External and internal obligations walk hand in hand, although EU-wide or national rules are sometimes alternatives.

Here are some bare bones for a starter.

Commission Work Programme 2012

In the blog post European Commission Work Programme 2012: Internal market and services we looked at the CWP proper 15.11.2011 COM(2011) 777 final (Volume 1/2) as well as the more substantive Annex to the CWP 2012 (Volume 2/2).

In the CWP Annex we found the following relevant actions planned for this year. The headlines have been modified, but the added texts are quotes.

Online music

82 Legislative proposal on collective rights management: Music rights – music online

The proposed instrument will have a double focus: first, a general level of governance and transparency to apply to all collecting societies; and second, specific rules aimed at licensing of online music in order to foster the digital single market and provide more cross-border services to customers across the EU. (1st quarter 2012

IPRED revision

88 Enforcement of intellectual property rights – adaptation of the Directive 2004/48 known as IPRED

The main objective would be to adapt the Directive (2004/48/EC) to today’s challenges in order to make sure that intellectual property rights can be protected effectively and uniformly in the EU, in particular in a digital environment. Several provisions of the Directive should be clarified in order to achieve consistent interpretation and enforcement

Notice and takedown

91 Digital Single Market: Initiative on notice and takedown procedures

The main policy objectives are: contribute to a good functioning of Digital Single Market, contribute to combating illegality on the internet, ensure the transparency, effectiveness, proportionality and compliance with fundamental rights of notice and takedown procedures, ensure a balanced and workable approach towards NTD procedures, with focus on fundamental rights and the impact for innovation, growth

Illicit drugs (crime)

This was not mentioned in the earlier post.

97 Minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking (legislative proposal)

To enable Member States to tackle illicit drug trafficking more efficiently and foster a common EU approach to drug trafficking through approximation of offences and sanctions, addressing shortcomings identified during the assessment carried out in 2009 of Framework Decision 2004/757/JHA, and replacing this instrument

Ralf Grahn

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