EU Public Affairs Monitor - 10/10/08

WIPO
WIPO Expands its Distance Learning Program
The World Intellectual Property Organization (WIPO) has added five new multilingual courses to the distance learning program offered by its Worldwide Academy. The new courses will cover Arbitration and Mediation Procedure, Patents, Patent Information Search, Basics of Patent Drafting, and Trademarks. [WIPO]


WIPO and ARIPO Sign MOU to Expand Cooperation
The Director General of the World Intellectual Property Organization (WIPO), Mr. Francis Gurry, and his counterpart from the African Regional Intellectual Property Organization (ARIPO), Mr. Gift H. Sibanda, signed a memorandum of understanding (MOU) on October 2, 2008 in Geneva, to strengthen and expand cooperation between the two organizations. The MOU covers traditional areas of cooperation relating to capacity building, as well as a special project to boost ARIPO’s patent information capacity. [WIPO]


CISAC
CISAC Appeals the European Commission’s Competition Decision
CISAC, the International Confederation of Societies of Authors and Composers, has recently lodged an appeal against the European Commission Decision of July 16 in the Court of First instance of the European Communities. Contrary to the European Commission’s findings in its Decision, CISAC considers European authors’ societies have not engaged in concerted practice that restrict competition and have therefore not violated European competition law provisions. The network of authors’ societies – organised through reciprocal representation agreements between societies – best serve creators’ interest. It is the result of pure common sense for the efficient management of creators’ rights worldwide and not a concerted practice to prevent competition, as alleged by the Commission. [CISAC]


EU OBSERVER
Commission backs internet users over content providers
The European Parliament's rejection of a proposed "three strikes" law - that would see internet users have their connection cut off if they have been found to repeatedly violate copyright - must be respected, the commission said at an EUobserver-organised conference on internet rights.
"We have to respect the view of the parliament," information society commissioner Viviane Reding said at the Brussels event on Wednesday (8 October), referring to the "Bono Amendment" approved on 24 September by a large majority of MEPs in consideration of a wider telecoms bill.

The amendment states that: "No restriction may be imposed on the rights and freedoms of end users ... without a prior ruling by the judicial authorities" - language that forbids moves such as those currently under consideration by French lawmakers. [EUObserver]


EUROPEAN VOICE
Illegal downloads: France in bid to keep ‘three strikes' approach
France rejects European Parliament attempts to put courts in charge of cutting off internet services.France is fighting to retain executive powers to cut off internet users who persistently make illegal downloads, in the face of European Parliament attempts to require authorisation from courts for any interruption of services. French President Nicolas Sarkozy wrote to European Commission President José Manuel Barroso on Friday (3 October), urging rejection of an amendment approved by a majority of the European Parliament on 24 September in its debate on telecoms regulation. [EuropeanVoice]

MUSIC WEEK
CISAC, the International Confederation of Societies of Authors and Composers, has lodged an appeal against the recent European Commission ruling against the sector.
Contrary to the European Commission’s findings in its July 16 ruling, CISAC considers European authors’ societies have not engaged in concerted practice that restrict competition and have, therefore, not violated European competition law provisions.
The move coincides with a raft of appeals being made to the EC, which has accused collection societies of operating membership restrictions and territorial exclusivity, by 22 other authors’ societies, including the UK’s PRS.

CISAC claims the EC decision creates a climate of “legal uncertainty” for rights-owners and users and has been to put an end to promising initiatives to develop an alternative and consensual pan-European licensing model for online use of creative content. CISAC director general Eric Baptiste says, “Since the pioneering Santiago agreements in 2000, CISAC and its members have long been committed to providing a new framework for multi-territorial licensing of musical works. Unfortunately, the confusing and flawed July Decision is not part of the solution but part of the problem. We hope that the court of first instance will provide the clarity that rights holders, music users and the public need for a thriving online content market in the EEA.” [MusicWeek]

Popkomm: Gibb blasts EC
Robin Gibb has delivered a hard hitting keynote speech to open Popkomm 2008 criticising the European Commission’s recent move against the way collecting societies operate. The president of CISAC, the international association for Authors Collection Societies, questioned why the Commission was “bothering with this at all”.

Gibb told the conference, which was opened by Minister of State for Culture Bernd Neumann, that the Commission is accusing the societies of using concerted practice to place restrictions on multi territorial licensing in the fields of satellite, cable and internet transmission. Gibb said, “According to the Commission this was done by the societies to prevent competition between societies. The decision does not ban reciprocal arrangements on a bilateral basis but it forbids societies from talking together on a multi lateral basis. This is obviously daft and makes international trade in music licensing even more difficult than before.” He also claimed that the Commission’s move “has the effect (of) blocking the licensing of new digital services". He added, "It has destroyed the current system for multi-territorial licences and has forbidden the societies to discuss any new way forward.” [MusicWeek]