The new EU "??"
Well, it's slightly unclear what really did result from recent discussions in Brussels, so I can do no better than refer you to the summary by my colleague Mathias Siems.
In terms of detail, the following parts of the Presidency Conclusions are of interest here: para 37 regarding IP and knowledge transfer from the public sector; para 39 regarding access to patented medicines, with particular reference to HIV/AIDS; and para 48 regarding IP, developing countries and the Heiligendhamm Process.
In the draft IGC mandate, para 3 sets out the proposed new EU objectives, with no reference to competition (this having been the subject of much press comment). However, footnote 16 refers to a Protocol on the Internal Market and Competition, and the need to ensure that competition is undistorted. It remains to be seen what this will mean, and what impact this might have an abuse of a dominant position and enforcement of IP - I suspect little....
Of more potential relevance are paras 4 and 5 of the draft mandate which deal with the EU Charter and its fate. However, given the embracing of human rights by national IP courts in individual disputes, and existing EC fundamental rights, I think it unlikely that the presence or absence of the EU Charter will have a significant impact in this field.
But it's a long road ahead.
In terms of detail, the following parts of the Presidency Conclusions are of interest here: para 37 regarding IP and knowledge transfer from the public sector; para 39 regarding access to patented medicines, with particular reference to HIV/AIDS; and para 48 regarding IP, developing countries and the Heiligendhamm Process.
In the draft IGC mandate, para 3 sets out the proposed new EU objectives, with no reference to competition (this having been the subject of much press comment). However, footnote 16 refers to a Protocol on the Internal Market and Competition, and the need to ensure that competition is undistorted. It remains to be seen what this will mean, and what impact this might have an abuse of a dominant position and enforcement of IP - I suspect little....
Of more potential relevance are paras 4 and 5 of the draft mandate which deal with the EU Charter and its fate. However, given the embracing of human rights by national IP courts in individual disputes, and existing EC fundamental rights, I think it unlikely that the presence or absence of the EU Charter will have a significant impact in this field.
But it's a long road ahead.
posted by Dr Abbe Brown at 1:03 pm
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