76

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Ημερομηνία

The Implementation of Enhanced Cooperation in the EU

01-10-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Constitutional Affairs, examines – against a historical backdrop – the legal provisions governing Enhanced Cooperation as well as the so far very limited number of implemented Enhanced Cooperation initiatives. Based on these insights, concrete ideas are formulated on how to optimise this ‘standardised and generalised framework’ of differentiated ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Constitutional Affairs, examines – against a historical backdrop – the legal provisions governing Enhanced Cooperation as well as the so far very limited number of implemented Enhanced Cooperation initiatives. Based on these insights, concrete ideas are formulated on how to optimise this ‘standardised and generalised framework’ of differentiated integration, touching upon questions of efficacy, efficiency and legitimacy.

Εξωτερικός συντάκτης

Prof. Dr. Wolfgang WESSELS, Centre for Turkey and European Union Studies (CETEUS), University of Cologne; Carsten GERARDS, Department of EU International Relations and Diplomacy Studies, College of Europe (Bruges)

An EU intellectual property policy to boost innovation

03-04-2018

Intellectual property (IP) lies at the heart of innovation and competitiveness around the world as well as in the European Union, and intellectual property rights (IPRs) are protected mainly through patents, trade marks and copyright. IPRs enable individuals and companies to earn recognition and/or financial benefit from what they invent or create. By striking the right balance between innovators and public interest, IP aims to foster an environment in which creativity and innovation can flourish ...

Intellectual property (IP) lies at the heart of innovation and competitiveness around the world as well as in the European Union, and intellectual property rights (IPRs) are protected mainly through patents, trade marks and copyright. IPRs enable individuals and companies to earn recognition and/or financial benefit from what they invent or create. By striking the right balance between innovators and public interest, IP aims to foster an environment in which creativity and innovation can flourish. The EU has shaped a framework that defines and protects innovations and creations through IP. This framework mainly comprises of directives and regulations protecting copyright, trade marks, patents, designs and geographical indications.

Free Trade Agreement between the EU and the Republic of Singapore – Analysis

16-03-2018

This study analyses provisions of the EU-Singapore Free Trade Agreement concluded in May 2015 ('EUSFTA'). It compares EUSFTA with other 'new-generation' free trade agreements, such as the EU-Republic of Korea and the EU-Canada Comprehensive Economic and Trade Agreement. Overall, EUSFTA adopts a WTO+ approach and as a result significantly liberalises trade between the EU and Singapore compared to the current trade relationship. The study finds that a number of tariff and non-tariff barriers to trade ...

This study analyses provisions of the EU-Singapore Free Trade Agreement concluded in May 2015 ('EUSFTA'). It compares EUSFTA with other 'new-generation' free trade agreements, such as the EU-Republic of Korea and the EU-Canada Comprehensive Economic and Trade Agreement. Overall, EUSFTA adopts a WTO+ approach and as a result significantly liberalises trade between the EU and Singapore compared to the current trade relationship. The study finds that a number of tariff and non-tariff barriers to trade in goods and services that currently exist between the parties will be reduced or removed on EUSFTA's entry into force. EUSFTA, as with other 'new-generation' FTAs negotiated by the EU, adopts a comprehensive approach, and contains innovative provisions on investment, intellectual property rights, competition and public procurement. It also contains provisions which reflect growing concerns about the impact of global trade, such as those on trade and sustainable development. With regard to EUSFTA's potential impact on trade, the economic modelling estimates an increase of around 10 % in trade volumes and greater volumes of foreign direct investment between the EU and Singapore as a result of the agreement. It also concludes that EUSFTA should lead to small increases of the gross domestic products of the EU and Singapore (0.06 % and 0.35 %, respectively). The responses of a wide-range of EU and Singaporean stakeholder consultation reveal that, in general, EUSFTA is viewed positively and is considered a very ambitious agreement, which will offer new opportunities for trade and investment in the EU and Singapore. However, some concerns have been raised, especially by small and medium-sized enterprises. The implications of the result of the Opinion of the Court of Justice of the EU in case 2/15 of 2017, on whether the EU had exclusive competence to sign and conclude EUSFTA alone, is also analysed in detail. The study recommends, notably, monitoring closely that commitments taken under sustainable development provisions are implemented and used effectively in practice.

Εξωτερικός συντάκτης

Glyn CHAMBERS, Managing Economist Capital Economics, Melanie DEBONO, Economist Capital Economics, Costas FRANGESKIDES, Partner Holman Fenwick Wilan, Jody GALLAGHER, Trainee Solicitor Holman Fenwick Willan, Dr Peter HOLMES, Reader in Economics at Sussex University (project leader), Jeremy KELLY, Associate Holman Fenwick Willan, Eirini ROUSSOU, Senior Associate Holman Fenwick Willan, Cliff STEVENSON, Cliff Stevenson Consulting, Anthony WOOLICH, Partner Holman Fenwick Willan

The Exception for Text and Data Mining (TDM) in the Proposed Directive on Copyright in the Digital Single Market - Legal Aspects

15-02-2018

This in-depth analysis, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs (JURI-Committee), is a contribution to the workshop on "Text and data mining" held on 22 February 2018 in Brussels. It provides an analysis of the Commission’s Proposal (which introduces in Article 3 a mandatory exception to copyright allowing to carry out text and data mining of protected works), assesses its positive ...

This in-depth analysis, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs (JURI-Committee), is a contribution to the workshop on "Text and data mining" held on 22 February 2018 in Brussels. It provides an analysis of the Commission’s Proposal (which introduces in Article 3 a mandatory exception to copyright allowing to carry out text and data mining of protected works), assesses its positive and negative impacts and provides some suggestions for possible improvements. Advantages of introducing an “open clause” on top of an enumerated list of exceptions to address some of the related problems are also reviewed.

Analysis of the Prospects for Updating the Trade Pillar of the European Union-Chile Association Agreement

30-05-2016

The perception of the present state of trade relations with Chile is obscured by a lack of adequate understanding of its legal framework as well as of the policy behind it. This study attempts to clarify the present state of and future prospects for trade between the EU and Chile through an examination of previous agreements and the EU’s new approach to trade liberalisation. The authors agree with the large consensus existing on both the EU and Chilean sides regarding the efficacy of the Association ...

The perception of the present state of trade relations with Chile is obscured by a lack of adequate understanding of its legal framework as well as of the policy behind it. This study attempts to clarify the present state of and future prospects for trade between the EU and Chile through an examination of previous agreements and the EU’s new approach to trade liberalisation. The authors agree with the large consensus existing on both the EU and Chilean sides regarding the efficacy of the Association Agreement, but note that any extension of an agreement with Chile should capture the spirit of older EU agreements rather than simply following the ‘NAFTA route’. The study also includes a comparative analysis between the EU-Chile agreement and current trade agreements being negotiated by the EU and Chile with third countries.

EU Innovation Policy – Part II: EU policies and instruments supporting innovation

24-05-2016

This publication aims to provide an overview of the measures and instruments that make up the EU's innovation policy mix. The paper focuses on current EU innovation initiatives and considers some issues limiting the development of an EU innovation policy. The EU innovation policy mix comprises, on the one hand, key policies targeting the actors of the innovation process (research and development, industrial, education and regional policy); on the other, it includes key framework conditions covering ...

This publication aims to provide an overview of the measures and instruments that make up the EU's innovation policy mix. The paper focuses on current EU innovation initiatives and considers some issues limiting the development of an EU innovation policy. The EU innovation policy mix comprises, on the one hand, key policies targeting the actors of the innovation process (research and development, industrial, education and regional policy); on the other, it includes key framework conditions covering policies and instruments shaping the interactions and organising the flows of knowledge, skills and funds between the innovation players (funding, taxation, single market and competition, regulation, standards, intellectual property rights, etc.). Most measures taken at EU level aim to address the fragmentation of the European innovation landscape resulting from the diversity of national and regional policies. Although progress has been made in addressing the barriers created by fragmentation, there is a need to renew the governance of innovation policies in order for innovation to reach its full potential in Europe.

Contracts for supply of digital content: A legal analysis of the Commission's proposal for a new directive

23-05-2016

The proposed directive on supply of digital content contains rules on the contractual aspects of the relationship between suppliers and consumers of digital content. The scope ratione materiae of the directive includes not only the supply of digital content to consumers in the strict sense, i.e. the supply of software, digital music, e-books, films and images, but also digital services, in particular rental of on-line computer programs, cloud computing and social media platforms. However, sale of ...

The proposed directive on supply of digital content contains rules on the contractual aspects of the relationship between suppliers and consumers of digital content. The scope ratione materiae of the directive includes not only the supply of digital content to consumers in the strict sense, i.e. the supply of software, digital music, e-books, films and images, but also digital services, in particular rental of on-line computer programs, cloud computing and social media platforms. However, sale of digital content embedded in tangible goods is excluded from its scope. The scope ratione personae extends only to consumer contracts. The directive extends only to contracts concluded for consideration, which can also take the form of digital data, including personal data, provided by the consumer. Regarding criteria for evaluating the conformity of the digital content, the directive ostensibly gives precedence to the contract, before any objective measure of conformity. Subsidiary criteria for evaluating conformity include objective fitness for purpose, international technical standards, as well as public statements. The proposal takes over from the existing acquis the idea of a hierarchy of remedies, meaning that in the case of non-conformity, consumers are barred from terminating or claiming a price reduction, but must first ask the trader to bring the digital content to conformity. However, in case of non-supply, consumers have the right to terminate immediately. They also enjoy the right to terminate regardless of conformity, in cases where the trader modifies the digital content, as well as in long-term contracts. The proposal contains detailed rules on the consequences of termination, in particular with regard to the further use of the consumer's personal data by the trader, and the further use of digital content by the consumer.

Workshop on "Bringing EU-Turkey Trade and Investment Relations Up to Date?"

19-05-2016

The case is made paper maintains that the EU-Turkey CU of 1995 covering industrial goods should be modernised and modified to take into account the various and growing criticisms of the original CU. Furthermore, economic integration between the EU and Turkey should be strengthened by signing a complementary deep integration regional trade agreement (RTA) between the EU and Turkey, covering agriculture, SPS measures, services, government procurement, investment, and dispute settlement. For Turkey, ...

The case is made paper maintains that the EU-Turkey CU of 1995 covering industrial goods should be modernised and modified to take into account the various and growing criticisms of the original CU. Furthermore, economic integration between the EU and Turkey should be strengthened by signing a complementary deep integration regional trade agreement (RTA) between the EU and Turkey, covering agriculture, SPS measures, services, government procurement, investment, and dispute settlement. For Turkey, the objective would be to achieve comprehensive liberalisation, while for the EU this is an ideal opportunity to harness the economic and political potential of deeper integration with Turkey, in line with its wider trade and investment policy.

EYE 2016 – Cyber-attacks: Visible danger, invisible enemy

28-04-2016

The advance of information and communication technologies (ICT) has created numerous opportunities for human development, and reshaped the ways in which our societies communicate, work or learn. However, our reliance on internet-based platforms can also be a source of vulnerability, exploited by criminal networks for financial or political aims. XXXXXXXX Please click here for the full publication in PDF format

The advance of information and communication technologies (ICT) has created numerous opportunities for human development, and reshaped the ways in which our societies communicate, work or learn. However, our reliance on internet-based platforms can also be a source of vulnerability, exploited by criminal networks for financial or political aims. XXXXXXXX Please click here for the full publication in PDF format

Franchising

27-04-2016

This document was prepared by Policy Department A at the request of the Internal Market and Consumer Protection Committee. It presents the evolution of franchising regulation in the European Union and comparative analysis of franchising regulation in selected legal systems. It identifies problems in the area of franchising and indicates the impact of the EU rules on functioning of the franchising. Recommendations indicate at a need for a profound review of market conditions in the EU and corrective ...

This document was prepared by Policy Department A at the request of the Internal Market and Consumer Protection Committee. It presents the evolution of franchising regulation in the European Union and comparative analysis of franchising regulation in selected legal systems. It identifies problems in the area of franchising and indicates the impact of the EU rules on functioning of the franchising. Recommendations indicate at a need for a profound review of market conditions in the EU and corrective legislative and regulatory actions.

Εξωτερικός συντάκτης

Aneta Wiewiorowska

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