Hi everybody,
this email is to introduce you briefly to the issue of Technology
Transfer Block Exemptions - TTEB, which is currently under consultation
in the EU. As FSFE is considering to contribute to this consultation, we
are looking for interesting ideas from all of you, regardless of
background.
EU consultations seeks to get a feedback on application of the TTEB, but
also ask some open-ended questions like what do we think of their study
on competition & patent law and any suggestions for improvement of
competition policy in this field.
http://ec.europa.eu/competition/consultations/2012_technology_transfer/inde…
So about TTEB. First, this is field of competition law, which is
governed by several articles in the Treaty on Function of European
Union, which prohibit cartels (art. 101 of TFEU), abuse of dominant
position (art. 102 TFEU) etc.. TTEB relates to prohibition of cartels.
Art. 101 TFEU sets outs a general clause of market behavior, which is
being considered as distorting competition and thus illegal (e.g. when
to big companies agree on prices etc.). Block Exemptions, such as TTEB,
stipulate then an exemption to this general clause (art. 101 TFEU) as
they want to enhance some cooperation which is good for the market
itself - e.g. creation of standards. So TTEB's wording aims to catch
only these good practices in industry. TTEB itself addresses e.g. patent
licensing agreements, software copyright licensing agreements or mixed
agreements (only bilateral).
Basically, the consultation is not only about TTEB, but entire relation
of all sort of "intellectual property" related agreements on the market
with competition law. Wording of TTEB is very complicated, and very
abstract. I would therefore suggest, if we could focus on this three
questions:
1. Did we ever encounter any FS-related "cartel behavior" which could
not rely on this block exemption, because it is too narrow? So we could
suggest better wording.
2. Did we ever encounter any problem, when a behavior which is according
to us anti-competitive was able to hide under some of the current
exemptions? (e.g. some patent pools) So we could suggest making it more
narrow, or adding new conditions to current wording.
3. Do we have any strong thoughts about current FS-related practices in
the competition field, which we deem inappropriate and want to point out
to the Commission?
Every suggestion is welcomed, in particular the examples. I could help
as much as possible on legal aspects, but I would first need your input
on real world problems, so these abstract things will fill in with some
"social" meaning for me :)
Contributions of any kind would be highly appreciated.
Consultation on the website:
http://ec.europa.eu/competition/consultations/2012_technology_transfer/inde…
Best,
Martin
--
Martin Husovec
Free Software Foundation Europe [http://fsfe.org]
Assistant to the President [+49-30-27595290]
Your donation powers our work! [http://fsfe.org/donate/]
Free Software Foundation Europe e.V. is a German Verein registered
at the Registergericht Hamburg (VR 17030).
Marvelous update, of as usually great IPKat>
RECAP & UPDATE: the Unitary Patent System and Unified Patent Cour
http://ipkitten.blogspot.com/2011/12/recap-update-unitary-patent-system-and…
Martin
--
Martin Husovec
Free Software Foundation Europe [http://fsfe.org]
Assistant to the President [+49-30-27595290]
Your donation powers our work! [http://fsfe.org/donate/]
Free Software Foundation Europe e.V. is a German Verein registered
at the Registergericht Hamburg (VR 17030).
Hi,
the UK is running a public consultation on changing its copyright
law. Deadline is March 21.
It might be interesting to work on a submission on some specific
points.
Best regards,
Karsten
----- Forwarded message from Manon Ress <manon.ress(a)keionline.org> -----
> Date: Mon, 19 Dec 2011 13:42:09 -0500
> From: Manon Ress <manon.ress(a)keionline.org>
> To: a2k discuss list <a2k(a)lists.keionline.org>
> Subject: [A2k] Consultation on proposals to change the UK's copyright system
> due March 21, 2012
>
> http://www.ipo.gov.uk/pro-policy/consult/consult-live/consult-2011-copyrigh…
>
> Consultation on proposals to change the UK's copyright system
> Reference: 2011-004
>
> Launch date: 14 December 2011
> Closing date: 21 March 2012
>
> This consultation is about proposals to change the UK's copyright
> system arising from the Hargreaves Review of IP and Growth, as set out
> in the Government's response to the Review. It seeks relevant evidence
> on the potential for the proposed measures to improve the contribution
> of the copyright system to UK economic growth, and to inform decisions
> on legislative and other actions in these areas.
>
> The consultation is aimed at individuals and organisations, including
> small and medium sized business, which may be impacted by the proposed
> changes to UK copyright laws.
>
> * Consultation on Copyright PDF document(3.42Mb)
> * Consultation response form PDF document(297Kb)
> * Open and transparent evidence guidance PDF document(90Kb)
> *
>
> Impact Assessments
> * BIS0306: Copyright exception for archiving and preservation PDF
> document(107Kb)
> * BIS0308: Copyright exceptions for disabled people PDF document(153Kb)
> * BIS0309: Use of works for public administration and reporting
> PDF document(83Kb)
> * BIS0310: Exception for use of quotations or extracts of
> copyright works PDF document(77Kb)
> * BIS0311: Extend exception for copying for research and private
> study PDF document(93Kb)
> * BIS0312: Exception for copying of works for use by text and data
> analytics PDF document(73Kb)
> * BIS0313: Codes of Conduct PDF document(143Kb)
> * BIS0315: Protecting copyright exceptions from override by
> contract PDF document(87Kb)
> * BIS0316: Introducing / widening certain copyright exceptions PDF
> document(120Kb)
> * BIS0317: Extending copyright exceptions for educational use PDF
> document(211Kb)
> * BIS1054: Extended Collective Licensing (ECL) PDF document(110Kb)
> * BIS0155: Copyright exception for private copying PDF document(259Kb)
> * BIS1056: Copyright notices PDF document(128Kb)
> * BIS1057: Copyright exception for parody PDF document(103Kb)
> * BIS1063: Orphan works PDF document(192Kb)
>
> How to respond
>
> We welcome your views on this issue. Please send any comments, before
> the closing date to:
> David Burgess
> Intellectual Property Office
> 21 Bloomsbury Street
> London
> England
> WC1B 3HF
> United Kingdom
>
> E-mail: Copyright Consultation
> Fax: +44 (0)20 7034 2826
>
> Please Note: This consultation forms part of a publication exercise.
> As such, your response may be subject to publication or disclosure in
> accordance with the access to information regimes (these are primarily
> the Freedom of Information Act 2000 (FOIA), the Data Protection Act
> 1998 (DPA) and the Environmental Information Regulations 2004). We
> plan to post responses on the Review website when they are received,
> and they may be the subject of online discussion.
>
> If you do not want part or whole of your response or name to be made
> public please state this clearly in the response, explaining why you
> regard the information you have provided as confidential. If we
> receive a request for disclosure of the information we will take full
> account of your explanation, but we cannot give an assurance that
> confidentiality can be maintained in all circumstances. An automatic
> confidentiality disclaimer generated by your IT system cannot be
> regarded as a formal request for confidentiality.
>
> We will process your personal data in accordance with the DPA.
>
> General enquiries about the Review should be sent to the e-mail or
> postal addresses above.
>
>
> --
> Manon Anne Ress
> Knowledge Ecology International
> 1621 Connecticut Ave, NW, Suite 500
> Washington, DC 20009 USA
> http://www.keionline.org
> manon.ress(a)keionline.org
>
> _______________________________________________
> A2k mailing list
> A2k(a)lists.keionline.org
> http://lists.keionline.org/mailman/listinfo/a2k_lists.keionline.org
----- End forwarded message -----
--
Karsten Gerloff [ ] <gerloff(a)fsfeurope.org>
Free Software Foundation Europe [ ][ ][ ] [http://fsfe.org]
President | | +49 176 9690 4298
Your donation powers our work! [http://fsfe.org/donate/]
Free Software Foundation Europe e.V. is a German Verein registered
at the Registergericht Hamburg (VR 17030).
Hi All,
As there is an open public consultation on Technology Transfer in the EU
http://ec.europa.eu/competition/consultations/2012_technology_transfer/inde…
We have decided to submit some thoughts arguing that Free Software
licenses are also a form of "technology transfer".
Etherpad for this purpose was created here:
http://policy.etherpad.fsfe.org/2
- it is publicly available without any password protection.
Deadline - app. January.
If you have something interesting to say please contribute to the
drafting work.
Best,
Martin
--
Martin Husovec
Free Software Foundation Europe [http://fsfe.org]
Assistant to the President [+49-30-27595290]
Your donation powers our work! [http://fsfe.org/donate/]
Free Software Foundation Europe e.V. is a German Verein registered
at the Registergericht Hamburg (VR 17030).
At the Council on 5 December, the Polish Presidency will present for
agreement a number of outstanding, politically sensitive issues
including the seat of the future Unified Patent Court, financing
principles, language of proceedings, the transitional period and the
revision clause. An agreement on these issues would allow further work
to advance on finding an overall political agreement on the whole of the
patent reform by the end of this year.
Commissioner Barnier welcomes the Polish Presidency's determination
to reach political agreement on the whole of the patent reform so that
new sources of growth for the European economy can be delivered through
substantially reducing the costs and complexity of the European patent
system. Any solution needs to be in the interest of the users of the
patent system."
http://ipkitten.blogspot.com/2011/12/update-seat-of-future-unified-patent.h…
--