Search results

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  Standard essential patents and the Internet of Things
  In-depth analysis

  This in-depth analysis, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, assesses the European Commission of (EC) Communication of 29 November 2017 on the EU approach to Standard Essential Patents. T...

  This in-depth analysis, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, assesses the European Commission of (EC) Communication of 29 November 2017 on the EU approach to Standard Essential Patents. The report examines the principles identified in the Communication with respect to the Commission’s proposals on (i) increasing transparency on SEPs; (ii) determining valuation of SEPs( Standard Essential Patents) and FRAND ( Fair, Reasonable, and Non-Discriminatory) terms; and (iii) enforcement. The report evaluates the efficient resolution of licensing disputes over FRAND, including via litigation, arbitration and mediation, licensing pools and collective licensing. The current document also puts forward some policy recommendations to, inter alia, enhance the general environment of FRAND licencing in the context of SEPs.

  • Published: 2019-02-05
  • Corporate Author(s): Directorate-General for Internal Policies of the Union (European Parliament)
  • Personal Author(s): Bonadio, Enrico ; McDonagh, Luke
  • Subject: case-law, data protection, digital technology, EU law - national law, information technology, Internet, Internet of Things, new technology, patent, patents licence, technical standard
• Case C-709/18: Request for a preliminary ruling from the Špecializovaný trestný súd (Slovakia) lodged on 14 November 2018 — Criminal proceedings against UL and VM

  • Published: 2018-11-14
  • Corporate Author(s): Court of Justice
  • Subject: case-law, criminal proceedings, interpretation of the law, right to justice, rights of the defence
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  The Polbud judgment and the freedom of establishment for companies in the European Union
  Problems and perspectives

  The present work provides a study of analysis of the EU Court of Justice’s Polbud judgment on the cross-border conversion. It has been commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee. This study focu...

  The present work provides a study of analysis of the EU Court of Justice’s Polbud judgment on the cross-border conversion. It has been commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee. This study focuses on the implications of the judgment for the freedom of establishment of companies across the EU, including the potential risk of “forum and tax shopping” as well as for the protection of creditors, minority shareholders and workers.

  • Published: 2018-11-12
  • Corporate Author(s): Directorate-General for Internal Policies of the Union (European Parliament) ; Friedrich-Alexander-Universität Erlangen-Nürnberg ; Grimaldi Studio Legale ; Università di Bologna ; Università La Sapienza
  • Personal Author(s): Frazzani, Simona ; Angelici, Carlo ; Sciaudone, Francesco ; Hoffmann, Jochen ; Medici, Silvia
  • Subject: business policy, case-law, company law, competition (EU), cross-border cooperation, directive (EU), EU Member State, ruling, tax system
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  The right to respect for private life
  Digital challenges, a comparative-law perspective : the United Kingdom

  This study forms part of a wider-ranging project which seeks to lay the groundwork for comparisons between legal frameworks governing the right to respect for private life in different legal systems, and between the ways in which the systems address the challenges that the ‘digital age’ poses to...

  This study forms part of a wider-ranging project which seeks to lay the groundwork for comparisons between legal frameworks governing the right to respect for private life in different legal systems, and between the ways in which the systems address the challenges that the ‘digital age’ poses to the exercise of that right. The following pages will analyse, with reference to the United Kingdom, the legislation in force, the most relevant case law and the nature of the right to respect for private life. Chapter 2 describes the concept of a right to respect for private life as it is recognised in UK legislation. This section of materials is subdivided into two parts. The first part outlines statutory protection for privacy interests, including the recently enacted Data Protection Act 2018 that gives domestic effect to the General Data Protection Regulations. The rest of chapter 2 discusses the most prominent set of statutory restrictions or qualifications upon the right. Privacy interests are thus revealed to be limited in the interests of national security and the prevention, investigation and detection of crime including crimes connected to the sexual abuse of children and young persons. Particular sets of laws authorise interception, examination and retention of digital online communications. Relevant obligations imposed on ISPs and telecommunications companies are described as are safeguards against unlawful forms of intrusion into these communications. Chapter 3 provides an overview of relevant jurisprudence in privacy related matters. A central focus of this chapter is the relatively recently developed tort of misuse of personal information. An evaluation of the overall state of UK law is offered in chapter 4. Finally, the conclusion identifies some privacy-related issues that are likely to arise in the near future.

  • Published: 2018-10-08
  • Corporate Author(s): Directorate-General for Parliamentary Research Services (European Parliament)
  • Personal Author(s): Cram, Ian
  • Subject: case-law, child pornography, comparative law, computer crime, data protection, digital technology, EU law, fight against crime, national law, personal data, protection of communications, protection of privacy, United Kingdom
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  The baseline of trade secrets litigation in the EU Member States
  

  The main objective of the study is to analyse trade secrets litigation in the different EU MSs, as well as the profile of parties involved and courts dealing with trade secrets matters, through the mapping of the national legal systems, competent courts and procedures in place, including remedie...

  The main objective of the study is to analyse trade secrets litigation in the different EU MSs, as well as the profile of parties involved and courts dealing with trade secrets matters, through the mapping of the national legal systems, competent courts and procedures in place, including remedies against the unlawful acquisition, use or disclosure of trade secrets. To this end, the report provides for a description of all 28 EU MS legal systems for the protection of trade secrets, considering the status quo and potential issues to solve. Furthermore, a cross-MS analysis in terms of a comparative overview of national case-law is provided in a dedicated section.

  • Published: 2018-09-19
  • Corporate Author(s): European Union Intellectual Property Office
  • Subject: case-law, confidentiality, data protection, disclosure of information, EU Member State, industrial secret, innovation, intellectual capital, intellectual property, national law, penalty, trade information
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  Study on minority shareholders protection
  Final report

  The Study is designed to assist the European Commission DG Justice and Consumers in assessing the EU approach to and policy on minority shareholder protection. The Study includes a thorough analysis and assessment of every Member State’s legal framework as it relates to minority shareholder prot...

  The Study is designed to assist the European Commission DG Justice and Consumers in assessing the EU approach to and policy on minority shareholder protection. The Study includes a thorough analysis and assessment of every Member State’s legal framework as it relates to minority shareholder protection, and it focuses on all the main categories of minority shareholder rights, namely economic, control (decision making), information, litigation, and equal treatment rights. It strives to enable policymakers to obtain a clearer picture of Member States’ hard laws (such as laws, regulations, other legal acts, and listing rules), soft laws (such as corporate governance codes) and established case law with respect to minority shareholder protection. It identifies any gaps, inconsistencies and incompatibilities in the legal frameworks of all the Member States, especially ones that may influence cross-border investment and the further development of the Single Market. It also provides input for the Commission’s ongoing work on monitoring corporate governance developments in the EU.

  • Published: 2018-07-27
  • Corporate Author(s): Directorate-General for Justice and Consumers (European Commission) ; TGS Baltic
  • Subject: business policy, case-law, company law, company structure, EU law - national law, EU Member State, merger, merger control, protection of shareholders, shareholder, shareholding, takeover bid
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  IP enforcement case-law collection on the balance between the right of information and fundamental rights in the European Union
  

  This document provides a collection of case-law consisting of decisions of the CJEU as well as national court decisions in the selected Member States relating to the relationship between the right of information, as provided by Article 8 IPRED, and fundamental rights. The CJEU clarified in sever...

  This document provides a collection of case-law consisting of decisions of the CJEU as well as national court decisions in the selected Member States relating to the relationship between the right of information, as provided by Article 8 IPRED, and fundamental rights. The CJEU clarified in several of its decisions that the right of information should be interpreted at national level in such a way which allows for the full respect of the various applicable fundamental rights or other general principles of European Union law, such as the principle of proportionality. The CJEU provided guidance on particular issues relating to the right of information as provided by Article 8 IPRED. However, it has only outlined general principles on how to balance fundamental rights and how to apply the principle of proportionality in doing so. The actual weighing and balancing of fundamental rights, however, is left to the national courts.

  • Published: 2018-06-12
  • Corporate Author(s): European Union Intellectual Property Office
  • Subject: case-law, EU law, Europe, human rights, intellectual property, right to information
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  Review of the Significant Market Power (SMP) guidelines
  Executive summary

  This Study provides support to the European Commission in its revision of the 2002 guidelines on market analysis and the assessment of significant market power for electronic communications networks and services ("2002 SMP Guidelines"). The main issue explored both from an economic and a legal p...

  This Study provides support to the European Commission in its revision of the 2002 guidelines on market analysis and the assessment of significant market power for electronic communications networks and services ("2002 SMP Guidelines"). The main issue explored both from an economic and a legal perspective is the concept of joint SMP of telecoms operators for the purpose of ex ante regulation in the electronic communications sector. The Study also analyses developments in the concept of market definition and the finding of individual SMP as well as implications of the proposed European Electronic Communications Code for the market analysis process. In addition, it covers all the sections of the 2002 SMP Guidelines. The analysis is based on a review of competition case-law, detailed case studies of relevant market analyses conducted by NRAs, the analysis of economic evidence and the results of an interactive workshop with BEREC and NRAs, in which various hypothetical market scenarios were considered. The conclusions of the Study regarding joint SMP are based on general competition law principles, drawing in particular from the ECJ's findings in Airtours and Impala. It takes into account particularities of the electronic communications sector and the extensive experience of market regulation by NRAs in order to suggest the main steps that could be taken by NRAs when assessing whether a market is characterised by joint SMP, and the evidence that could be presented, respectively, in the case there is no pre-existing regulation and where such regulation exists and might affect wholesale and retail outcomes.

  • Published: 2018-04-24
  • Corporate Author(s): Directorate-General for Communications Networks, Content and Technology (European Commission) ; Wik Consult
  • Personal Author(s): Lucidi, Stefano ; Zaman, Rakhal ; Negro, Matteo ; Sörries, Bernd ; Stumpf, Ulrich ; Alexiadis, Peter ; Godlovitch, Ilsa ; Streel, Alexandre de ; Gantumur, Tseveen
  • Subject: case study, case-law, competition law, information technology, information technology industry, regulation of telecommunications, telecommunications industry, telecommunications policy, transmission network
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  Review of the Significant Market Power (SMP) guidelines
  Annex

  • Published: 2018-04-24
  • Corporate Author(s): Directorate-General for Communications Networks, Content and Technology (European Commission) ; Wik Consult
  • Personal Author(s): Gantumur, Tseveen ; Alexiadis, Peter ; Stumpf, Ulrich ; Sörries, Bernd ; Godlovitch, Ilsa ; Negro, Matteo ; Zaman, Rakhal ; Streel, Alexandre de ; Lucidi, Stefano
  • Subject: case study, case-law, competition law, information technology, information technology industry, regulation of telecommunications, telecommunications industry, telecommunications policy, transmission network
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  Review of the Significant Market Power (SMP) guidelines
  Final report

  This Study provides support to the European Commission in its revision of the 2002 guidelines on market analysis and the assessment of significant market power for electronic communications networks and services ("2002 SMP Guidelines"). The main issue explored both from an economic and a legal p...

  This Study provides support to the European Commission in its revision of the 2002 guidelines on market analysis and the assessment of significant market power for electronic communications networks and services ("2002 SMP Guidelines"). The main issue explored both from an economic and a legal perspective is the concept of joint SMP of telecoms operators for the purpose of ex ante regulation in the electronic communications sector. The Study also analyses developments in the concept of market definition and the finding of individual SMP as well as implications of the proposed European Electronic Communications Code for the market analysis process. In addition, it covers all the sections of the 2002 SMP Guidelines. The analysis is based on a review of competition case-law, detailed case studies of relevant market analyses conducted by NRAs, the analysis of economic evidence and the results of an interactive workshop with BEREC and NRAs, in which various hypothetical market scenarios were considered. The conclusions of the Study regarding joint SMP are based on general competition law principles, drawing in particular from the ECJ's findings in Airtours and Impala. It takes into account particularities of the electronic communications sector and the extensive experience of market regulation by NRAs in order to suggest the main steps that could be taken by NRAs when assessing whether a market is characterised by joint SMP, and the evidence that could be presented, respectively, in the case there is no pre-existing regulation and where such regulation exists and might affect wholesale and retail outcomes.

  • Published: 2018-04-24
  • Corporate Author(s): Directorate-General for Communications Networks, Content and Technology (European Commission) ; Wik Consult
  • Personal Author(s): Lucidi, Stefano ; Alexiadis, Peter ; Godlovitch, Ilsa ; Gantumur, Tseveen ; Stumpf, Ulrich ; Sörries, Bernd ; Streel, Alexandre de ; Zaman, Rakhal ; Negro, Matteo
  • Subject: case-law, competition law, information technology, information technology industry, regulation of telecommunications, telecommunications industry, telecommunications policy, transmission network