The government wants to promote the IPR-culture

Wed, 01/03/2000 - 01:00. Denmark | Intellectual Property Rights
Published in March 1999 , the broschure " New Trends in Industrial Property Rights" aims at presenting the strategy for the development of IPR-system in the coming years. It focuses on the major challenges, and on a number of initiatives to help Danish companies to protect their knowledge.

Further information and a downloadable version of the document can be found at : http://www.dkpto.dk/english/start.htm

Opinion of the Economic and Social Committee on the Brussels Convention

Wed, 01/03/2000 - 01:00. Conflict of Law | European Union
The Committee very strongly endorses the Commission's proposals. Replacement of the Brussels Convention by a regulation with direct application in the twelve Member States participating without restriction in the justice/security part of the Treaty represents significant progress and will create greater legal certainty. The Committee places particular emphasis on the out-of-court settlement of disputes in civil and commercial matters. The use of arbitration, mediation or conciliation should be encouraged, provided these procedures are straightforward, quick and inexpensive. The Commission's proposals with regard to electronic commerce have led to heated debate between consumers and business. With a view to reconciling consumer concerns, on the one hand, and the increased use of electronic commerce by small and medium-sized enterprises, on the other hand, the Committee suggests that methods of settling disputes be adopted which meet the needs of electronic commerce (such as codes of good conduct, "cybertribunals" and the use of mediation), whilst ensuring protection of the consumer. The Committee suggests a system of self-regulation for the electronic commerce sector which would encourage the introduction of automatic provisions for recourse to mediation, particularly for small transactions. The courts would then only intervene as a last resort.

More details on the opinion can be seen at the ECS web site : http://www.ces.eu.int

The French National Assembly unanimously adopts the draft bill on electronic signatures on 29 February 200

Tue, 29/02/2000 - 01:00. Electronic commerce | France
On 8 February 2000, the French Senate adopted in First Reading the bill on electronic signatures. The aim of this project is to recognise that electronic signatures should be as valid as the written ones, and to accelerate the development of electronic commerce in France. Senators included some small modifications in the bill, particularly a provision stating that a signature by public officer confers authenticity to an act. The text will also reform the French "Code Civil" which was based on the written nature of the legal proofs.

The electronic signature is now recognised as being as valid as the written one provided that it can be identifiable and is kept in conditions which guarantee its authenticity ( art 1 of the bill which adds a new art 1316-1 to the French Civil Code,). Article 3 of the bill adds a new article 1322-2 to the Code Civil explaining the requirements an electronic signature has to meet to be considered as reliable.

The text of the bill can be downloaded in French from the following web site address :http://www.senat.fr/l

The text of the debate in the French Senate can also be seen at the following web site address: http://www.senat.fr/cra/s20000208/s20000208.htm

Public hearing on data protection, 24 & 25 February 2000

Fri, 25/02/2000 - 01:00. Data protection | European Union
The European Commission organised on 24 and 25 February 2000 a public hearing on data protection, mainly to expose the latest developments in the dialogue between the USA and the EU on the transfer of personal data. The hearing was divided in the following four sections :

    • Data protection in the EU – The Current framework
    • Data protection in third countries – case of the "Safe Harbour" between US/EU
    • Data protection in the EU – Non community framework
    • Attacks on privacy outside the sphere of police and justice and the problem of the interception of telecommunications ( ECHELON )

A more complete memo on the hearing is available at EADP general secretariat, on demand.

 

Social Partners in Telecommunications have expressed their intention of playing a leading role in training ...

Wed, 23/02/2000 - 01:00. Electronic Communications | European Union
The social partners of the telecommunications sector have adressed a letter to Mrs Anna Diamantopolou, European   Commissionner for Employment and Social Affairs, in which they stressed their will to make their firms known as "learning companies". Among other things, they undertake to increase their training programs and give their employees opportunities  to acquire training on information and communications and an Internet  formation. Another key initiative laid down by the  sector will be the development by 2001 of European guidelines for teleworking .

More information on the subject can be seen in the Agence Europe issue dated 23/02/2000

Amazon.com patents an ecommerce technology

Wed, 23/02/2000 - 01:00. EU - US | Intellectual Property Rights
The Internet retailer Amazon.com has just patented a technology that lets other web sites send it for customers in exchange of a commission. This patent could allow the company to prohibit others from using it or to pay a fee to Amazon. It covers the "one click technology" which avoids a customer from re-entering his data if he already visited the site and made a purchase.  Amazon can afterward choose either to license its patent or to sue rival sites to get them stop using the similar single step purchase system. Like simplified online ordering, affiliate programs are very common with e-commerce sites and even smaller sites often affiliate themselves with many different Internet retailers in order to generate more money. More information on the case can be seen at : http://legalnews.findlaw.com/news

Operators' view on the 1999 Communications Review

Wed, 23/02/2000 - 01:00. Electronic Communications | European Union
The 1999 Communications Review launched on 10 November 1999 by the European Commission aims at adapting the legal framework to the fast-moving telecommunications sector.

The three overall principles set up by this Review are :

    • It relies on clearly defined political objectives (promotion of a European market, increase of competition…)
    • It aims at reinforcing  legal security in a dynamic  technology market
    • It is technologically neutral

Some major European operators , represented by the European Telecommunications Platform (ETP) and the European Transnetwork Operators Association (ETNO) have expressed reservations aboutf the points set up in the Review.

  • On competition : ETNO and ETP are against the Commission’s proposal to use the "dominant position" (threshold of 50 % of national market share) as a trigger for application of ex-ante obligations and to keep the Significant Market Power ( 25% of national market share) trigger for other obligations.
  • On licenses and authorisations : they favour a simplification of the licenses regime and incumbents think that operators already on the market should receive compensation if new entrants are allowed more interesting entry conditions.
  • On the legal framework : operators stress that the framework should be technologically neutral and are also concerned by the possible use of soft law agreements in parallel.
  • On universal service : both ETNO and ETP want that the scope of universal service to remain as it is or even to be lowered.
  •  

The positions of ETNO, ETP and other telecommunications operators can be seen at the following web site address : http://www.ispo.ce.be/infosoc/telecommpolicy/review99/comments/comments.htm

Steps in implementation of the Conditonnal Access directive

Wed, 23/02/2000 - 01:00. Intellectual Property Rights | United Kingdom
The purpose of the Directive is to create a uniform legal environment for the protection of conditional access services, that is, services offered to the public where access is subject to payment of subscriptions such as pay-TV. The Directive requires Member States to prohibit, and provide suitable sanctions against, the manufacture and commercial dealing in illegal decoders, smart cards and the like. UK law already addresses this important subject, and the Regulations simply bring the list of infringing activities into line with the requirements of the Directive, and clarify that the regime applies to services transmitted from any place in the EU. Article 6 of Directive 98/84/EC on the legal protection of conditional access services requires Member States to transpose the Directive into national law by 28 May 2000. Draft Regulations amending the current UK regime in this area (sections 297-299 of the Copyright, Designs and Patents Act 1988) have been prepared. 

The text of the Directive can be viewed on the web site of the European Community: at http://europa.eu.int/eur-lex/en/lif/dat/1998/en_398L0084.html

The draft Statutory Instrument and a draft Regulatory Impact Assessment (RIA) issued by the UK department of Trade and industry  may be viewed and downloaded   at  the following address : http://www.patent.gov.uk/dpolicy.accdir1.html

Telefonica set to lead e-commerce growth

Tue, 22/02/2000 - 01:00. Sector news
Telefonica B2B, the Telefonica Group company set up specifically to develop e-commerce in the business-to-business field, signed an agreement on 10th February with the California-based Ariba.

Ariba is a developer of software and services for electronic commerce between companies and was recognized by the World Economic Forum in Switzerland "as a leading technology pioneer at the forefront of the knowledge economy". Ariba recently acquired two other specialist companies, Trading Dynamics and Tradex, which offer solutions for online auctions and technological platforms for vertical markets.

Through this alliance Telefonica's aim is to become the leader in b-to-b electronic commerce throughout Latin America, Spain and Portugal.

Having noted that b-to-b electronic commerce in the USA exceeded $100 billion in 1999 and is expected to break through the trillion dollar level less than three years from now, Telefonica's strategy is to invest heavily throughout the Spanish and Portguese-speaking world and establish alliances with leading companies in the business-to-business electronic commerce sector.

The Commission wants to promote unbundled access to the local loop

Tue, 22/02/2000 - 01:00. Electronic Communications | European Union
Following the release of the 1999 Communications Review, the European Commission organised on 22 February 2000 a public hearing on the unbundling of the local loop, in order to know what operators think of a possible Commission Recommendation on the issue. This is to be the first step in a series of Recommendations that the Commission would direct to Member States concerning the improvement of price cuts, access and liberalisation of the communications in Europe. It goes along with Prodi’s "eEurope " initiative, which aims at fostering the development of electronic commerce and Internet environment in Europe. The Commission therefore expects to issue a recommendation on the technical and economic aspects of the unbundling of the local loop, which would force incumbents to open up market access to their competitors.

A Working Document has already been adopted by the Commission. it is available at the following web site address : http://http //www.europa.eu./int/comm/informationsociety/publications/docs/index_en.htm