32

result(s)

Word(s)
Publication type
Policy area
Author
Date

Standard Essential Patents and the Internet of Things

15-01-2019

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 ...

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.

External author

Dr Luke MCDONAGH Dr Enrico BONADIO

Consumer sale of goods

12-03-2018

On 22 February 2018, the European Parliament's Committee for the Internal Market and Consumer Protection (IMCO) adopted its report on the Commission proposal for a new directive on the consumer sale of goods. The Commission's original proposal, dating from 2015, was replaced on 31 October 2017 by an amended one which intends to replace the existing Consumer Sales Directive dating from 1999 entirely, instead of regulating only online and other distance contracts as had originally been planned. By ...

On 22 February 2018, the European Parliament's Committee for the Internal Market and Consumer Protection (IMCO) adopted its report on the Commission proposal for a new directive on the consumer sale of goods. The Commission's original proposal, dating from 2015, was replaced on 31 October 2017 by an amended one which intends to replace the existing Consumer Sales Directive dating from 1999 entirely, instead of regulating only online and other distance contracts as had originally been planned. By contrast to the 1999 Consumer Sales Directive, the Commission's proposal would introduce a maximum-harmonisation approach, meaning that EU Member States could no longer introduce a higher level of consumer protection than set in the directive. Third edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure. To view previous versions of this briefing, please see: PE 599.286 (February 2017).

Research for CULT Committee - Child Safety Online: Definition of the Problem

07-02-2018

This briefing paper addresses the definition and scope of children’s online safety as a policy issue and process. The paper draws on evidence of risks that children may encounter in the course of their use of the Internet. This is one of three briefing papers requested by the CULT Committee to assist in its assessment of the requirements to ensure adequate support for protection of minors and children’s wellbeing in the digital age.

This briefing paper addresses the definition and scope of children’s online safety as a policy issue and process. The paper draws on evidence of risks that children may encounter in the course of their use of the Internet. This is one of three briefing papers requested by the CULT Committee to assist in its assessment of the requirements to ensure adequate support for protection of minors and children’s wellbeing in the digital age.

External author

Brian O’Neill

Research for CULT Committee - Recommendations for EU policy developments on the protection of minors in the digital age

07-02-2018

This briefing paper provides information, analysis and recommendations regarding future EU policy developments on the protection of minors in the digital age to support the CULT Committee’s deliberations. Focusing on developments since 2012, it identifies recent policy developments at EU level, evaluates existing EU initiatives and instruments, and recommends further action by the European Commission and other stakeholders.

This briefing paper provides information, analysis and recommendations regarding future EU policy developments on the protection of minors in the digital age to support the CULT Committee’s deliberations. Focusing on developments since 2012, it identifies recent policy developments at EU level, evaluates existing EU initiatives and instruments, and recommends further action by the European Commission and other stakeholders.

External author

London School of Economics and Political Science: Sonia Livingstone, Damian Tambini and Nikola Belakova

Intellectual, industrial and commercial property

01-02-2018

Intellectual property includes all exclusive rights to intellectual creations. It encompasses two types of rights: industrial property, which includes inventions (patents), trademarks, industrial designs and models and designations of origin, and copyright, which includes artistic and literary property. Since the entry into force of the Treaty on the Functioning of the European Union in 2009, the EU has had explicit competence for intellectual property rights (Article 118).

Intellectual property includes all exclusive rights to intellectual creations. It encompasses two types of rights: industrial property, which includes inventions (patents), trademarks, industrial designs and models and designations of origin, and copyright, which includes artistic and literary property. Since the entry into force of the Treaty on the Functioning of the European Union in 2009, the EU has had explicit competence for intellectual property rights (Article 118).

Liability of Online Service Providers for Copyrighted Content – Regulatory Action Needed?

21-12-2017

This paper looks at liability of online providers for copyright infringements. The liability privileges in Articles 12 to 15 E-Commerce Directive can remain unchanged; they seem to be sufficiently flexible to adopt to new business models, which also make them in general future proof. These privileges do not, however, establish liability. With regard to injunction claims, Article 8(3) Copyright Directive provides for a satisfactory solution. EU rules establishing liability beyond injunction (e.g ...

This paper looks at liability of online providers for copyright infringements. The liability privileges in Articles 12 to 15 E-Commerce Directive can remain unchanged; they seem to be sufficiently flexible to adopt to new business models, which also make them in general future proof. These privileges do not, however, establish liability. With regard to injunction claims, Article 8(3) Copyright Directive provides for a satisfactory solution. EU rules establishing liability beyond injunction (e.g. damages) should be harmonised following the requirements (1) sufficient intervention by the internet provider and (2) breach of an adequate duty of care by the internet provider.

External author

Prof. Dr Jan Nordemann

RESEARCH FOR CULT COMMITTEE - PROMOTING MEDIA AND INFORMATION LITERACY IN LIBRARIES

13-12-2017

Librarians and (public) libraries are active in promoting information literacy and (more recently) media literacy. After a brief historical sketch, this document describes how public libraries assist patrons and educational institutions in enhancing knowledge, skills and attitudes needed to critically engage with media and information. It sketches international organizations' endeavours to put media and information literacy (MIL) on the policy agenda, describes what is (not yet) known about the effectiveness ...

Librarians and (public) libraries are active in promoting information literacy and (more recently) media literacy. After a brief historical sketch, this document describes how public libraries assist patrons and educational institutions in enhancing knowledge, skills and attitudes needed to critically engage with media and information. It sketches international organizations' endeavours to put media and information literacy (MIL) on the policy agenda, describes what is (not yet) known about the effectiveness of MIL programs, and offers recommendations for EU and public library policy.

External author

Frank HUYSMANS

RESEARCH FOR CULT COMMITTEE - E-LENDING: CHALLENGES AND OPPORTUNITIES

13-12-2017

This briefing identifies key challenges and opportunities in the evolving field of e-lending via public libraries based on an analysis of 18 different e-lending models in Europe and North America. It concludes that on-going dialogue between libraries and publishers, alongside better comparative data on e-lending and e-book purchasing across all EU Member States, will be among the key enabling factors for e-lending in the future.

This briefing identifies key challenges and opportunities in the evolving field of e-lending via public libraries based on an analysis of 18 different e-lending models in Europe and North America. It concludes that on-going dialogue between libraries and publishers, alongside better comparative data on e-lending and e-book purchasing across all EU Member States, will be among the key enabling factors for e-lending in the future.

External author

Dan MOUNT

Contracts for supply of digital content

09-10-2017

The digital content directive was proposed by the European Commission as part of a legislative package, alongside the online sales directive, to facilitate the development of the internal market for such content. The Council agreed on a general approach on the proposal on 8 June 2017. This seeks to clarify the relationship between the proposed contract law rules and the personal data protection regime – an issue which has been hotly debated. Furthermore, it strengthens the position of consumers with ...

The digital content directive was proposed by the European Commission as part of a legislative package, alongside the online sales directive, to facilitate the development of the internal market for such content. The Council agreed on a general approach on the proposal on 8 June 2017. This seeks to clarify the relationship between the proposed contract law rules and the personal data protection regime – an issue which has been hotly debated. Furthermore, it strengthens the position of consumers with regard to conformity and remedies. As for the Parliament, a draft report was published in November 2016 by the two co-rapporteurs, who proposed to expand the directive's scope to include digital content supplied against data that consumers provide passively, while also strengthening the position of consumers as regards criteria of conformity. Objective criteria would become the default rule, with a possibility to depart from them only if the consumer's attention were explicitly drawn to the shortcomings of the digital content. Third edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure. To view previous editions of this briefing, please see: PE 599.310 (March 2017). "A more recent edition of this document is available. Find it by searching by the document title at this address: http://www.europarl.europa.eu/thinktank/en/home.html"

Providers Liability: From the eCommerce Directive to the future

15-09-2017

The study addresses the secondary liability of Internet intermediaries, namely, the issue of whether and to what extent, intermediaries —who bring together or facilitate transactions between third parties on the Internet— should be liable for, or in dependence of, illegal activities by their users. The report discusses the main issues related to the application of the Directive, and makes some suggestions for future improvements. It argues that the exemption should be maintained, since it is needed ...

The study addresses the secondary liability of Internet intermediaries, namely, the issue of whether and to what extent, intermediaries —who bring together or facilitate transactions between third parties on the Internet— should be liable for, or in dependence of, illegal activities by their users. The report discusses the main issues related to the application of the Directive, and makes some suggestions for future improvements. It argues that the exemption should be maintained, since it is needed to ensure the diverse provision of intermediation services and the freedoms of the users of such services. Some updates to the current regulation may provide better guidance to Internet intermediaries, their users, and legal professionals.

External author

Prof. Dr Giovanni Sartor

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