Tuesday, September 29, 2009
AAI: RPM should remain a "hardcore restriction"
The US Goverment's position on Bilski
The Court of First Instance on the distinctive character of a mark
Saturday, September 26, 2009
Neelie Kroes on issues round EU state aid control system
Friday, September 25, 2009
Google Book Settlement:Amendment Ahead
Tuesday, September 22, 2009
Advocate General on AdWords and Trademarks
Monday, September 21, 2009
Salame Felino and the European Court of Justice
Friday, September 18, 2009
Defining "noncommercial" uses in copyright
Tuesday, September 15, 2009
Google Book Settlement: Competition and Commerce in Digital Books
Monday, September 14, 2009
Die volkswirtschaftliche Bedeutung geistigen Eigentums und dessen Schutzes mit Fokus auf den Mittelstand
SMEs and IP in Switzerland
Spanish Copyright Collecting Society Fined for Abuse of Dominant Position
Pressefusionskontrolle: Anwendung der Abwägungsklausel
Wednesday, September 02, 2009
Saturday, August 29, 2009
Europeana and Copyright: A Common Solution for Europe's Digital Library?
"However, the substantial progress made with Europeana also brings to the surface the challenges and problems linked to the digitisation process. At the moment, Europeana includes mainly digitised books which are in the public domain and are thus no longer protected by copyright law (which extends to 70 years after the death of the author).
For the moment, Europeana includes, for legal reasons, neither out-of print works (some 90% of the books in Europe's national libraries), nor orphan works (estimated at 10 – 20% of in-copyright collections) which are still in copyright but where the author cannot be identified.
Europeana also shows that licensing of copyright-protected material in Europe still takes place under a very fragmented legal framework. Earlier this year a French aggregator had to withdraw photographs from Europeana, since it only had the right to disseminate the material on French territory".
A public consultation on these very controversial topics has been launched.
Friday, August 28, 2009
Mario Monti on International Competition/Antitrust Convergence and Enforcement in Troubled Times
F. M. Scherer on Patent Policy: Some Recommendations for Competition Authorities
Wednesday, August 19, 2009
EC 2008 Report on Competition Policy Released
Thursday, August 06, 2009
Friday, July 31, 2009
Patent Law and Standards Setting
Wednesday, July 29, 2009
Vertical Restraints in the EU: Future Policy Framework under Discussion
Friday, July 24, 2009
EU competition policy for the motor vehicle sector
Public views on copyright policy
Tuesday, July 21, 2009
European Court of Justice on "temporary and transient reproductions"
Friday, June 26, 2009
IP and competition law
"The European Microsoft judgment has therefore left unclear when a dominant firm with IP rights must share them with rivals. Following the judgment, the answer in Europe appears to be: by no means as exceptionally as previously thought. In some ways it is regrettable that Microsoft did not appeal to the European Court of Justice, which might usefully have clarified if not tightened the law".
Thursday, June 25, 2009
On essential facilities and refusals to deal
Tuesday, June 23, 2009
Michael Geist has some "visions" for Canada's Copyright Law
Ringtones as Public Performances?
Competition and the Need to Boost the Economy
Monday, June 22, 2009
European Court of Justice on Article 15(3) of Regulation No 1/2003
"(...) a literal interpretation of the first subparagraph of Article 15(3) of Regulation No 1/2003 leads to the conclusion that the option for the Commission, acting on its own initiative, to submit written observations to courts of the Member States is subject to the sole condition that the coherent application of Articles 81 EC or 82 EC so requires. That condition may be fulfilled even if the proceedings concerned do not pertain to issues relating to the application of Article 81 or Article 82 of the Treaty"
...
In proceedings relating to the penalties in respect of anti‑competitive practices provided for in Article 83(2)(a) EC, the decision that the court seised must give is capable of impairing the effectiveness of those penalties and therefore might compromise the coherent application of Articles 81 EC or 82 EC.
In the circumstances of the action in the main proceedings, it is quite clear that the outcome of the dispute relating to the tax deductibility of part of a fine imposed by the Commission is capable of impairing the effectiveness of the penalty imposed by the Community competition authority. The effectiveness of the Commission’s decision by which it imposed a fine on a company might be significantly reduced if the company concerned, or at least a company linked to that company, were allowed to deduct fully or in part the amount of that fine from the amount of its taxable profits, since such a possibility would have the effect of offsetting the burden of that fine with a reduction of the tax burden.
It follows from all of the foregoing that the third sentence of the first subparagraph of Article 15(3) of Regulation No 1/2003 must be interpreted as meaning that it permits the Commission to submit on its own initiative written observations to a national court of a Member State in proceedings relating to the deductibility from taxable profits of the amount of a fine or a part thereof imposed by the Commission for infringement of Articles 81 EC or 82 EC".
File sharing and incentives to produce entertainment: how do they affect each other?
Dynamic competition and merger control
OECD on (more) innovation in troubled times
Sunday, June 21, 2009
On the economic and legal analysis of systems
Saturday, June 20, 2009
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Please let me know if you have any feedback, here (soon on Arxiv).
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G. Soros, here.
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LG Frankfurt am Main, 2-06 O 172/09 (verkündet am 13.05.2009). Lesenswertes aus der Begründung (meine Hervorhebungen): "Vorstellbare ...
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Panel moderated by R. Picker (I don't often agree with him, but always learn something), Video here .
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Bank of England, here .
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Here . Readings: Breaking Up Bottlenecks in Big Tech and Everywhere Else: Two Remedies That Keep Your Packages Arriving in Two Days The ...
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C. Caffarra, here .
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Hollywoodreporter.com, here .
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Video here .