MAJOR COPYRIGHT REFORM IN EUROPE?

The IPKat has learnt from the Patent Office website of an EU programme with potentially major implications for European copyright law. In, Implementing the Community Lisbon programme: A strategy for the simplification of the regulatory environment the European Commission explains the need for EU regulatory laws to be simplified so that a balance is struck between necessary regulation and the need to avoid overcomplicated legislation that entails “costs, hamper business, channel resources away from more efficient uses and in some cases act as a constraint to innovation, productivity and growth” .

The EU wants to save IP lawyers from confusion...

To this end, the EU is embarking on a programme designs to simplify the acquis of various of EU areas of influence. Included in the list of priorities is copyright. The following instruments are identified for “Recast[ing] with a view to improve[ing] the coherence and operation of the legal framework and adapt it to the new digital challenges:

* Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs
* Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property
* Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission
* Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights
* Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases
* Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society

The IPKat welcomes simplification in this tricky area, but he hopes that due concern is given to those Member States who have already recently altered their legislation to implement these provisions in their original form.