Competition Bulletin, here.
Monday, July 22, 2013
Saturday, July 06, 2013
Sunday, June 30, 2013
Competition in the Context of Financial Crisis
American Bar Association Section of Antitrust Law 60th Spring Meeting, the Antitrust source,here.
Wednesday, June 26, 2013
Tuesday, June 25, 2013
AG Jääskinen on search engines and lack of responsibility for personal data appearing on web pages they process
Case C-131/12, Google Spain SL, Google Inc. v Agencia Española de Protección de Datos, here.
Monday, June 24, 2013
Saturday, June 22, 2013
Friday, June 21, 2013
Thursday, June 20, 2013
Rechtsstreit um exklusiven Zugriff von Juris auf Urteile des BVerfG geht weiter
Institut für Urheber- und Medienrecht, hier.
Wednesday, June 19, 2013
Friday, June 14, 2013
Thursday, June 13, 2013
Wednesday, June 12, 2013
Measuring Patent Quality: Indicators of Technological and Economic Value
OECD Science, Technology and Industry Working Papers, 2013/03, here.
Monday, June 10, 2013
Diritto d'autore e biblioteche in chiave evolutiva
S. Vezzoso (autrice del blog), presentazione qui.
Friday, June 07, 2013
Draft legislation on copyright exceptions in the UK
Ipo.gov.uk, here.
Drafts for the other exceptions will be released as soon as they are ready.
Drafts for the other exceptions will be released as soon as they are ready.
Defending an Open, Global, Secure, and Resilient Internet
Council of Foreign Relations, here (pdf file).
Thursday, June 06, 2013
CJEU on action for damages and access to the file
Case C‑536/11, Bundeswettbewerbsbehörde v Donau Chemie AG et al., here.
Wednesday, June 05, 2013
Towards Empirical Analysis Of Open Government Data Initiatives
B. Ubaldi, OECD Working Papers on Public Governance, here.
Kommunale Monopole sind gute Monopole, die keinerlei Aufsicht bedürfen
J. Haucap (Edgeworthblogs.wordpress.com), hier.
Pfizer's slams India's patent regime, says Indian standards are vague and malleable
Economictimes.indiatimes.com, here.
Tuesday, June 04, 2013
Protecting innovators from frivolous litigation and ensuring the highest-quality patents
White House Task Force On High-Tech Patent Issues, here.
Monday, June 03, 2013
Friday, May 31, 2013
Smart Disclosure and Consumer Decision Making: Report of the Task Force on Smart Disclosure
US National Science and Technology Council, here.
Thursday, May 30, 2013
Friday, May 24, 2013
Thursday, May 23, 2013
Tuesday, May 21, 2013
Is Letter to Larry Page the First Step Towards Legislating Google Glass?
Thesecuretimes.wordpress.com, here.
Friday, May 17, 2013
Privatheit im Internet. Chancen wahrnehmen, Risiken einschätzen, Vertrauen gestalten
acatech – Deutsche Akademie der Technikwissenschaften, here.
Revising copyright law: libraries, archives, museums and educational institutions
Statement of L. Gasaway, Subcommittee on Courts, Intellectual Property and the Internet Committee on the Judiciary, here.
Thursday, May 16, 2013
Wednesday, May 15, 2013
A Case Study for Consensus Building: The Copyright Principles Project
US Subcommittee on Courts, Intellectual Property and the Internet, here.
Shakespeare Review of PSI in the UK
Here.
------
Page 66:
"Healthcare data is increasingly held across sectors – public NHS organisations as well as private individuals and providers. In that context, encouraging data to be shared to derive maximum value requires an intellectual property rights ownership model that aligns private interests (e.g. in privacy and commercial sensitivity) with social interest in generating collaborative uses of data."
P.33:
------
Page 66:
"Healthcare data is increasingly held across sectors – public NHS organisations as well as private individuals and providers. In that context, encouraging data to be shared to derive maximum value requires an intellectual property rights ownership model that aligns private interests (e.g. in privacy and commercial sensitivity) with social interest in generating collaborative uses of data."
P.33:
"Data that is derived from the activity of citizens must be seen as being at least co-owned
by them and returning value to them, though the investment of business in collecting and
processing the data should also be respected. There are government initiatives such as
Midata, a government led project that works with businesses to give consumers better
access to the electronic personal data that companies hold about them. The project
recognises that data about citizens belongs to them and that they should have a way of
claiming and using their ownership. Midata is currently about empowering consumers –
government itself should explicitly embrace the Midata initiative to empower citizens by
returning key data it holds on citizens back to them."
Tuesday, May 14, 2013
Sanofi-Aventis sanctionnée pour dénigrement à l'encontre des génériques de Plavix
Autorité de la Concurrence, ici.
Monday, May 13, 2013
Friday, May 10, 2013
Thursday, May 09, 2013
Wednesday, May 08, 2013
Public and Universal Service Obligations and Competition
M. Harker, A. Kreutzmann, C. Waddams, here.
Tuesday, May 07, 2013
Monday, May 06, 2013
EU Commission sends Statement of Objections to Motorola Mobility on potential misuse of mobile phone standard-essential patents
Press Release, here.
----------
Apple's "willingness" specified:
"Apple had declared that it would be willing to be bound by a determination of the FRAND royalties by the German court". Further, from the Memo:
"By contrast, a potential licensee which remains passive and unresponsive to a request to enter into licensing negotiations or is found to employ clear delaying tactics cannot be generally considered as willing."
Moreover, specifically to the relevance of the so-called German "Orange Book" case-law on injunctions:
"The 2009 "Orange Book" ruling of the German Supreme Court established that a potential licensee can raise a competition law defence against an application for an injunction by showing that (i) it has made an unconditional offer to license under terms that cannot be rejected by the patent-holder without abusing its dominant position, and (ii) it actually acted as if had entered into a valid patent licence. The Supreme Court's ruling did not specifically relate to SEPs. The Commission's preliminary view is that an interpretation of that ruling whereby a willing licensee is essentially not entitled to challenge the validity and essentiality of the SEPs in question is potentially anti-competitive."
----------
Apple's "willingness" specified:
"Apple had declared that it would be willing to be bound by a determination of the FRAND royalties by the German court". Further, from the Memo:
"By contrast, a potential licensee which remains passive and unresponsive to a request to enter into licensing negotiations or is found to employ clear delaying tactics cannot be generally considered as willing."
Moreover, specifically to the relevance of the so-called German "Orange Book" case-law on injunctions:
"The 2009 "Orange Book" ruling of the German Supreme Court established that a potential licensee can raise a competition law defence against an application for an injunction by showing that (i) it has made an unconditional offer to license under terms that cannot be rejected by the patent-holder without abusing its dominant position, and (ii) it actually acted as if had entered into a valid patent licence. The Supreme Court's ruling did not specifically relate to SEPs. The Commission's preliminary view is that an interpretation of that ruling whereby a willing licensee is essentially not entitled to challenge the validity and essentiality of the SEPs in question is potentially anti-competitive."
Copyright in the Digital Era: Building Evidence for Policy
US National Research Council of the National Academies, here.
Friday, May 03, 2013
Educational Fair Use: Amici Curiae in Support of Georgia State University
Academic Authors and Legal Scholars, here.
Thursday, May 02, 2013
Tuesday, April 30, 2013
Monday, April 29, 2013
Saturday, April 27, 2013
Friday, April 26, 2013
Thursday, April 25, 2013
Wednesday, April 24, 2013
Canada: Privacy and Social Media in the Age of Big Data
Report of the Standing Committee on Access to Information, Privacy and Ethics, House of Commons, here.
Tuesday, April 23, 2013
Monday, April 22, 2013
Friday, April 19, 2013
Competition Authority reminder to businesses: resale price maintenance is against the law
Competition Authority (Ireland), here.
The Future of Interoperable E-books: What Libraries Need to Know
Slides from NISO’s Virtual Conference, here.
Thursday, April 18, 2013
Bruno Lasserre on Competition Policy Attitudes in France
My quick take
on the very interesting speech given today in Trento by the Chairman of the
French Competition Authority.
- Sort
of schizophrenia between consumers (pro) and citizens (more skeptical) towards
competition policy.
- The
glorious days of competition policy in France go back to at least 1791, when guilds (corporations) were suppressed by initiative of the revolutionaries.
- Before
WWII, the attitude in France was generally very positive, at a time in which,
by contrast, Germany was much more in favor of cartelizing the economy.
-
After
WWII: public intervention into the economy much welcomed by French citizens,
competition policy experienced mostly as an external imposition.
-
Leftist
reason to support competition during last political election: fight against
privilege by birth; “equality of chances” (égalité) still very popular.
- Governments
in general less procompetition than members of Parliament because of economic
pressures by big players.
- French
civil servants not believing in competition: 77%; French judges: even more
(figure not disclosed).
- Going ahead, dramatically
important in order to convince citizens of the benefits of competition
policy: private/class actions!
- Draft
bill on class actions in France: too narrow.
- Average loss per mobile phone user due to 2005 telecoms’ cartel: 70 Euro per year (cartel’s duration: 2 ½ y.)Tuesday, April 16, 2013
Friday, April 12, 2013
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Centre for a Digital Society , Video here . These are my very rough talking points on pay or okay in full length (more than I actually had...
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On 24 March 2004 the European Commission fined Microsoft for abuse of dominant position (H/T Lewis Crofts). 18 years (age of maturity) l...
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Report to the California Law Review Commission Antitrust Law: Study B-750, here .
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A. Blankertz, hier .
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CMA, here .
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Organized Money, here .
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InternetLab, here .
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Chalmermagne, here .