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Month: June 2016

Proposal for a regulation of the cross-border portability of online content services in the internal market – guarantee of quality and scope of service

In order to ensure the cross-border portability of online content services it is necessary to require providers of online content services which are provided against payment of money to enable their subscribers to use the service in the Member State of their temporary presence by providing them access to the same content on the same range and number of devices, for the same number of users and with the same range of functionalities as those offered in their Member State of residence.

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Motion for and European Parliament resolution on ratification of the Marrakesh Treaty

Having regard to the petitions from EU citizens with print disabilities, and particularly Petition 924/2011 by Dan Pescod (British), on behalf of the European Blind Union (EBU)/Royal National Institute of Blind People (RNIB), on access by blind people to books and other printed products and whereas the World Health Organisation estimated in 2010 that across Europe there are 2 550 000 blind people and 23 800 000 partially sighted people, giving a total of 26 350 000 visually impaired individuals and whereas only 5% of all published books in the developed countries and less than 1% in the developing countries are ever produced in accessible formats.

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The objective of proposed regulation of cross-border portability of online content services in the internal market

The objective of Regulation (official document) is to adapt the harmonised legal framework on copyright and related rights and to provide a common approach to the provision of online content services to subscribers temporarily present in Member States other than their Member State of residence, in order to ensure that the present barriers to cross-border portability of online content services in the internal market no longer exist.

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EU public consultation concerning copyright with regard to EU Satellite and Cable Directive – mediation system and obligation to negotiate

First, respondents were asked (de) if they had used the existing negotiation and mediation mechanisms established under the Directive. They were invited to describe their experience. Second, respondents were asked to give their view about a possible extension of these rules to facilitate the cross border availability of online services, and they were invited to suggest any other measure that could facilitate contractual solutions and negotiations in good faith.

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Mandatory collective management regime for different forms of online simultaneous retransmissions in EU

The few consumers who have replied (de) to these questions tend to consider that the extension of the regime to the simultaneous retransmission of TV and radio programmes on platforms other than cable is likely to increase the cross-border accessibility of online services. They also tend to oppose maintaining the different treatment of rights held by broadcasting organisations. Member States/public authorities, but also right holders, CMOs and broadcasters, recall that voluntary collective management, extended collective licensing and individual licensing are all used to clear rights relevant for the different new TV and radio transmission and re-transmission methods and services. In this respect some Member States argue that voluntary approaches lead to legal uncertainty since service providers cannot be sure that they have cleared all the rights or that the distinction between transmission and retransmission is not always clear.

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EU public consultation on Satellite and Cable Directive – evaluation of existing rules applicable to clearance of copyright and related rights for the simultaneous cable retransmission.

First, respondents were asked about the existing rules applicable to clearance of copyright and related rights for the simultaneous cable retransmission. Second, respondents were asked about the impact of a possible extension of the mandatory collective management regime to different forms of online simultaneous retransmissions.

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Position of the European parliament on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure

Trade secrets are one of the most commonly used forms of protection of intellectual creation and innovative know-how by businesses, yet at the same time they are the least protected by the existing Union legal framework against their unlawful acquisition, use or disclosure by other parties.

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Russian enforcement authorities have not found corpus delicti in business activity of Russian accredited collective management organisations.

Russian enforcement authorities have inspected business activity of Russian collective management societies and have not found any offence. Earlier deputies from Russian state duma have asked for inspection of three Russian accredited CMO – Russian authors society, All-Russian intellectual property organisation and Russian Union of right holders.

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