My intent initially was to publish this in January, but as the preceding posts make clear, there was considerable digging to be done to get a better picture of the context. In what follows, I begin with some comments with regard to shaky basis for the enforcement project, and then move on to a more detailed review of the Commission’s report.
1. The most noteworthy element of the Commission’s Report on the IP Enforcement Directive is what is absent. The Directive itself mandated the review, under Article 18, titled ‘Assessment’:
Three years after the date laid down in Article 20(1), each Member State shall submit to the Commission a report on the
implementation of this Directive.
On the basis of those reports, the Commission shall draw up a report on the application of this Directive, including an assessment of the effectiveness of the measures taken, as well as an evaluation of its impact on innovation and the development of the information society (my emphasis).
Those interested in reading about ‘impact on innovation and the development of the information society’ will be disappointed, as such a section does not exist. Late transposition by several member states is offered as explanation for its absence. Yet this tardiness was no obstacle to a commentary on the efficacy of the Directive’s enforcement measures. A strange anomaly, but easily explained:
“… in the context of the European Observatory on Counterfeiting and Piracy, DG Internal Market and Services works with experts from the private sector to assess the application of the Directive and to complete the information received from the Member States.”
Commission Staff Working Document, p.5 (hereinafter CSWD)
So we’re in good hands. Elsewhere the Report relies on work commissioned by copyright industry players in support of its assertions, such as that produced by Tera consultants, whose methodology was questioned by the Social Sciences Research Network (SSRN).
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Normal service on boring enforcement related matters will resume later today, in the meantilme a little history. The initial draft stated the Badalone patent was the world’s first, this turns out to be incorrect, in a variety of ways! On a purely formal level, the first patent was granted to Francisco Petri in 1416 for the fulling of wool and was awarded in Venice.
Having been in Florence for the last months, I discovered that it was the site of what was apparently the world’s first patents: a boat design created in 1421 by the builder of the Duomo’s famous cuploa, Filippo Brunelleschi, and christened “Il Badalone”. We don’t have the detail of the design, but thee is an image by Taccola in his book De Ingenis.
Given that I’ve never been shy about voicing criticisms of intellectual property, is it not paradoxical that my favourite legal event of the year is the Fordham International IP Conference? Organized as it is by self-declared ‘high-protectionist’ Hugh Hansen, an iconoclastic and entertaining fellow notwithstanding his copyright convictions, it provides an annual snapshot of the state of the IP world as seen mostly by those who make money out of it. Today, whilst looking over some documents related to the European Patent Litigation Agreement (EPLA) I was reminded of some vintage remarks proclaimed there this year.
- Pirates Languish, Rousing Occasionally to Devour Each Other
- Boas, Malinowski, Musil enter the Public Domain
- Guangzhou By Night
- A Long Night, Near the Bay
- Christmas Reading
- Who Fears To Quote the Studio System?
- European Observatory on Infringements of Intellectual Property Rights, RAND etc.
- On VPNs, Filesharing & Illusions
- Pirate Effect Rolls Through Nordrhein-Westfalen
- More Booty for the Pirate Party in Germany
- Library Closure of Type .nu
- ACTA Hits Turbulence (Berlin Edition)
- civil liberties
- European Court of Justice
- european directives
- european regulations
- european union
- material culture
- open video
- Pirate Bay
- Pirate Party
- social cooperation
- steal this film