Intellectual Property in the EU - part 3 - Challenges for a modern IP system in the EU (Giuseppe MAZZIOTTI)

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En provenance du cours de HEC Paris

Understanding Europe: Why It Matters and What It Can Offer You

144 notes

HEC Paris

Understanding Europe: Why It Matters and What It Can Offer You

144 notes

Regardless of where you live, the European Union not only affects your life, but may also transform it. By learning how Europe works, a new world will open up to you and discover new jobs you never heard of. The European Union has a large, yet often unnoticed, impact on many aspects of everybody’s life. We will analyze what the EU is doing for YOU regardless of where you live. We will also look at what YOU can do for and in Europe. Whether you are traveling, eating, working, doing business, shopping, surfing the Internet or breathing, all these activities are largely shaped by the EU. As a result no global citizen, business leader, lawmaker, lobbyist or student can effectively operate in Europe or in the world without a solid understanding of this unique laboratory of integration. While the EU is often depicted as a monstrous bureaucratic creature, condemned to irrelevance by the emerging economies, in 50 years it accomplished what other countries took centuries to realize. The EU remains the most accomplished experiment of economic, social and political integration in human history. Given its inherent complexities, this Course aims at empowering you on what Europe can offer and will enable you to discover jobs and opportunities you were not aware of. Indeed, throughout the whole course, participants will be confronted with real-life examples of EU action. EU affairs professionals will share their personal EU experiences and tell us about their EU jobs. You will also be able to interact with the instructor and other participants, share your opinions, question the instructor’s assumptions and hence shape the course’s content.

À partir de la leçon

What the EU can do?

Analyzing the EU’s powers. What can it do? How far can it go? In which policies is it involved? The EU’s major fields of intervention. What does the EU do for trade, agriculture and innovation?

A flagship of EU intervention: competition16:20

Intellectual Property in the EU - part 1 - Basic elements of IP (Giuseppe MAZZIOTTI)5:13

Intellectual Property in the EU - part 2 - Why the EU has developed policies regarding IP (Giuseppe MAZZIOTTI)8:50

Intellectual Property in the EU - part 3 - Challenges for a modern IP system in the EU (Giuseppe MAZZIOTTI)6:26

Rencontrer les enseignants

Alberto Alemanno
Jean Monnet Professor of EU Law and Risk Regulation

[MUSIC].

At the moment, the European Union is trying to modernize intellectual property

rules in order to adapt intellectual property to the digital environment.

Digital technologies have enabled each of us to create, disseminate, share,

and receive information at an incredibly fast pace, and

in efficient and territorially unlimited ways.

Internet mobile communications, user-generated platforms like Youtube,

search engines, and social networks have changed the way we interact with each

other and have access to texts, images, sound recordings, movies,

TV programs, software, smartphone applications, video games, and so forth.

What field, in your view, is most problematic in intellectual property,

due to the way internet and modern communication properties work?

Patents, Trademarks, or Copyright?

The correct answer is Copyright.

Why?

The main reason is that, on one hand,

the economic protection of literary and artistic property created by copyright

entails a restriction on copying, and disseminating original or

created pieces of information and intellectual work to the public.

We should take into consideration that unlike patents and trademarks,

the law makes copyright subsist at the time of creation of an original

piece of work independently of examination or registration procedures.

In other words, if you create an original piece of music, a novel, or a code for

a computer program, copyright is granted to you by default which means immediately.

These means that copyright potentially could apply everywhere on the internet.

On the other hand, internet and

digital communications work as a gigantic copying machine.

Digital communication technologies have to copy all data

including copyright materials, in order to enable data transmission from one point

to another often adjoining network like the internet.

The reason why copyright is the most problematic form of intellectual

property for new technologies is that copyright creates for

reasons of economic, commercial policies, a restriction on digital copying,

which is a technical necessity of modern communication technologies.

From a policy making perspective copyright raises a number of open questions.

What would happen if the European Union created or

maintain rules granting copyright on information or

data without creating exceptions or limitations to copyright?

What would be the most undesirable consequence in the digital environment.

First, a strict,

rigorous application of copyright of a digital networks would have the potential

to block communications and hinder a significant portion of Internet traffic,

all the traffic which concerns Materials and information protected by copyright.

Second, point to point communication, among internet users,

could be inspected by public authorities upon request of copyright owners,

in order to check whether or not users download and

share copyright materials without authorization.

Third, developers and owners of websites and

online content platforms, like user-generated content platforms,

will inevitably be afraid of liability for copyright violations and

would significantly reduce their investments in the information and

communication technology sector.

Last but not least, new creators would

no longer be in a position to take legitimate advantage of existing works.

Copyright works as well, through quotations,

links, parodies, commentaries and so forth.

And their freedom of expression online would be inevitably discouraged.

At the moment, the European Union is looking for a more balanced.

And more modern, I would say more modern sense of copyright and

for a much smoother and less dangerous form of digital enforcement.

Also a possible redaction of the term of copyright and

a form of the no registration principle.

Are being taken into consideration for the future.

In order to reduce the impact of copyright, and

copyright enforcement on internet freedoms.

Today's challenge for EU policy makers and for

the creation of a Digital Single Market consists basically of how.

Copyright protection, which means protection and

encouragement of creativity, intellectual innovation and entertainment.

Should be made compatible with very important values such as network

neutrality, preservation of Internet user privacy, freedom to do business online,

and freedom of expression and communication on the Internet.

Answers to all these questions will be in the next MOOC, and

you can discuss them in the forum of course.

Thank you very much.

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