Original news and analysis on international IP policy
Pressure is growing in Europe for open, free access to research results, particularly if they are publicly funded. The European Commission (EC) said this week it will propose a plan for open access soon, while the Wellcome Trust and Research Councils UK are cracking down on researchers who don't comply with their policies.
Stalled talks on Europe's broken system of private copying levies resumed on 2 April, with European Commission-appointed mediator António Vitorino laying out his goals and urging parties to move beyond their entrenched positions. Meanwhile, a report for rights owners found that abolishing levies will hurt them as well as device makers and, possibly, consumers. And in another copyright-related development, a UK government study identified problems with the country's copyright licensing regime.
The controversial Anti-Counterfeiting Trade Agreement consumed hours of European Parliament time this week as the European Commission sought to persuade lawmakers to approve it. But no matter how often EC officials, academics and lawyers said the treaty will not change EU law, scepticism still remains about its potential impact on digital freedoms and access to generic medicines in developing countries – including from the Parliament member who will author the legislative report.
With European hopes for economic recovery pinned in large part on a more vibrant digital single market, 2012 will likely see a flurry of intellectual property-related legislative activities. Much of it centres on copyright, but the year may also bring movement on a unified European patent and changes in trademark law.
European efforts to resolve three vexing intellectual property issues - copyright licensing, private copying levies and a unified system for granting and litigating patents - are gaining pace in the public and private sectors and could bear fruit next year.
The European Union high court today outlawed the patenting of human embryo stem cells for scientific research or commercial purposes. The decision has forced European courts to examine the “ethical boundaries of patenting,” said Greenpeace, which challenged a German patent in the case. While there are alternate methods for obtaining stem cells, the ruling will nevertheless affect some research, one patent lawyer said.
A European Court of Justice ruling this week outlawing exclusive broadcasting licences that prohibit the supply of decoder cards to TV viewers outside the EU countries for which the licences are granted will likely affect rights holders and broadcasters of content other than sports, observers said. The decision could also have implications for European Commission attempts to update rules for digital content distribution.
Key European stakeholders have approved a "ground-breaking" set of principles for digitising and making publicly available out-of-print books and journals. The accord could serve as a template for dealing with the vexing problem of orphan works, those for whom the copyright owner cannot be found, according to International Federation of Reproduction Rights Organisations CEO Olav Stokkmo.
Over the objections of eight countries, ministers from the European Union on Monday extended copyright protection for performers and record producers from 50 to 70 years. The move brought cheers from the recording industry and copyright royalty collecting societies, but doubts from some governments and jeers from a major consumer group.
Efforts to modernise Britain’s creaking copyright regime sped up over the summer as the government accepted recommendations for major changes to the system, Parliament opened an inquiry into the matter, and the Intellectual Property Office said updating the rules could significantly boost the UK economy.
Legislative proposals for a single European patent emerged from the European Commission this week. If approved by the European Parliament and Council, the measures will make patents granted in one country valid in all participating EU member states and drastically cut the cost of patent protection, the Commission said. Patent lawyers praised the proposals but said the issue of an EU-wide patent litigation court must be resolved first.
In a flurry of patent-related developments in Europe this week, plans for a single European patent moved a step closer, efforts to create a European-wide patent court faltered, the United Kingdom sought guidance in a case with implications for medicinal research, and the EU high court may be asked to review the controversial Anti-Counterfeiting Trade Agreement (ACTA).