Friday, September 15, 2006

The plot thickens

Reactions to what could be termed the "iTunes" law continue. This piece provides details of apparent EC and US regulatory concern at the French legislation and envisaged activity. From the more legal perspective, Pinsent Masons, of Out-Law fame are conducting a survey on whether IP laws should be revised to include a general concept of interoperability through compulsory licensing on commercial terms.

We're very interested in this research. It takes a different approach to our own project but addresses similar questions of rights of IP owners and those seeking access to works, and the appropriate balance. Our focus is on (mainly) abuse of a dominant position by IP owners, the impact of human rights arguments, taken from a range of international, domestic, academic and policy sources, in interpreting IP legislation (includes its existing many internal restrictions) and key competition law principles. Pinsent Masons are exploring the more direct approach - a new limit on IP rights themselves in appropriate circumstances. A most interesting project - have your say here: http://www.out-law.com/page-7292

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