Expertise proposed to international organisations and european institutions

January 2019 - Copyright reform in the EU: Opinion of the CEIPI on the European Commission’s Proposal to Facilitate the Access and Use of Out-of-Commerce Works

In order to contribute to the debate on the ongoing copyright reform at the EU level, CEIPI drafted an Opinion on the proposal to facilitate use of out-of-commerce works, as presented in the European Commission’s Proposal for a Directive on copyright in the Digital Single Market of 14 September 2016. Other topics of the reform are reviewed in separate position papers.

The Opinion supports the proposal to facilitate access to the European cultural heritage and its digitisation through the establishment of extended collective licensing of rights for out-of-commerce works. CEIPI endorses the extension of the notion of “out-of-commerce works” to works never intended for commercial use and the possibility to determine the out-of-commerce status of a collection of works as a whole. At the same time, it proposes some amendments regarding the scope of out-of-commerce search, the representative character of collective management organisations, the sufficiency of general publicity measures on the use of out-of-commerce works, and the application of the mechanism to third-country works.

CEIPI follows and comments the main developments in the area of intellectual property at national, European and international levels. Development of a balanced and efficient intellectual property system of the European Union is of great interest to the centre. This Opinion follows the previous CEIPI Opinion on the proposed introduction of neighbouring rights for press publishers, CEIPI Opinion on exceptions and limitations to copyright as well as a Study for the Committee on Legal Affairs of the European Parliament on the exception for text and data mining.

The CEIPI Opinion is available here.

This opinion is also published in the JIPITEC (Journal of Intellectual Property, Information Technology and E-Commerce Law). It is available here.

Click here to access a table comparing the texts adopted by the European Commission, by the Council of the EU and by the European Parliament.

February 2018 - In-depth analysis prepared by CEIPI for the Committee for Legal Affairs of the European Parliament on “The Exception for Text and Data Mining (TDM) in the Proposed Directive on Copyright in the Digital Single Market – Legal Aspects”

Download the In-depth analysis prepared by the CEIPI for the Committee on Legal Affairs of the European Parliament on the topic “The Exception for Text and Data Mining (TDM) in the Proposed Directive on Copyright in the Digital Single Market – Legal Aspects”. This study was presented to the members of the Committee during the Workshop on the text and data mining held at the European Parliament, Brussels, 22nd February 2018.

The video-recording of the presentations is available below. https://www.youtube.com/watch?v=ZLbrxacJhak&feature=youtu.be

October 2017 - Opinion of the CEIPI on the European Commission’s Proposal to Reform Copyright Limitations and Exceptions in the European Union

The CEIPI Opinion supports the plan to develop a—much needed—strategy to take copyright into the 21st century and make it functional to the EU Digital Single Market. It is important to address needs with regard to access to copyrighted works in order to boost creativity and innovation, promoting cumulative research and sharing of knowledge-based resources. CEIPI moreover fully endorses the goal of the proposal of lowering barriers to research and innovation in the Digital Single Market. However, in order to address these issues in a satisfying manner, this Opinion strongly suggests an expansion of the reform’s scope.

You may access the Opinion here: https://ssrn.com/abstract=3053983

December 2016 - Opinion of the CEIPI on the European Commission’s copyright reform proposal, with a focus on the introduction of neighbouring rights for press publishers in EU law

In order to contribute to the debate on the ongoing EU copyright reform, CEIPI drafted an Opinion on the proposed introduction of neighbouring rights for press publishers in EU law. The proposal is included in the European Commission’s Draft Directive on copyright in the Digital Single Market of 14 September 2016. CEIPI will soon review also other portions of the proposed reform in a separate forthcoming position paper.

This Opinion draws particular attention to the challenges for the Digital Single Market associated with the establishment of an additional layer of 28 national rights. Also, it looks into the impact of the proposal on the interests of creators, as well as to the missing causal link between the proposed reform and market efficiency justifications, highlighting existing empirical evidence to the contrary. In conclusion, CEIPI recommends to refrain from the introduction of neighbouring rights for press publisher for the digital uses of publications.

CEIPI follows and comments the main developments in the area of intellectual property at national, European and international levels. Development of a balanced and efficient intellectual property system of the European Union is of great interest to the centre.

Please click here to access the Directive Proposal and the Impact Assessment.

The website "Intellectual Property" published a short article about this Opnion. Click here to read this article.

The "1709 Blog" published a short article about this Opnion. 

September 2016 - CEIPI participates to the Legal Review on Design Protection in Europe released by the European Commission

The EU Commission has released a major legal review prepared in the framework of its evaluation of the Union-wide design protection system. Prof. Christophe Geiger, Director General of the CEIPI, and Natalia Kapyrina, Phd candidate and researcher at the CEIPI, have contributed to this study with their expertise on the implementation of the Directive n° 98/71/EC in France.

Link to the Study (free to download):

May 2016 - CEIPI response to the European Commission consultation on the evaluation and modernisation of the legal framework for the enforcement of intellectual property rights, with a focus on specialization of intellectual property courts

You may download below CEIPI response to the European Commission consultation on the evaluation and modernisation of the legal framework for the enforcement of intellectual property rights, with a focus on specialization of intellectual property courts.

December 2015 - Statement of CEIPI at the Standing Committee on Copyright and Related Rights (December 7 to 11, 2015, Geneva, Switzerland)

From 7th to 11th December 2015 took place in Geneva the 31st session of the Standing Committee on Copyright and Related Rights of the World Intellectual Property Organization (WIPO). At this meeting, CEIPI made a statement, particularly on the “Limitations and exceptions for libraries and archives and for educational and research institutions and for persons with other disabilities”.

CEIPI was represented by Mr. François Curchod, representative of CEIPI at WIPO and Former Deputy Director General of WIPO.

You can download below CEIPI’s statement.

For more information about the event:

http://www.wipo.int/meetings/fr/details.jsp?meeting_id=35598

December 2015 - CEIPI’s remarks on the proposal of a Directive on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure

CEIPI has submitted to the European Commission a number of comments on the proposal for a directive on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure, in November 2013, amended text by the Council in 2014 and now entered in the legislative phase.

You can download below the French document (the text is currently being translated, the English version will be available soon).

October 2015 - Reaction of the CEIPI to the Resolution on the Implementation of Directive 2001/29/EC on the Harmonisation of Copyright in the Information Society adopted by the European Parliament on the 9th July 2015

CEIPI prepared an Opinion on the Resolution of the European Parliament on the implementation of Directive 2001/29/EC, which was adopted in the context of revision of the EU copyright rules. This document, drawing on previous CEIPI position papers and research, is intended to contribute to the important debate on the future of copyright in the EU and to invite the European Commission to an ambitious reform.

Please click here to access the Resolution and the Reaction of CEIPI.

May 2015 - Opening Statement of CEIPI at the Diplomatic Conference for the Adoption of a new Act of the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (May 11 to 21, 2015, Geneva, Switzerland)

From left to right: Mr. François Curchod, representative of CEIPI at WIPO, with Ms. Isabelle Boutillon, Director of Premises Infrastructure Division of WIPO and adjunct professor at CEIPI, and Mr. Daniel Gervais, professor at the Vanderbilt University, Nashville, USA, and a regular visiting professor at CEIPI).

The Diplomatic Conference was convened with the aim of adopting a new Act of the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, in order to render the Lisbon System more attractive for states and users, while preserving its principles and objectives.

CEIPI was represented by Mr. François Curchod, representative of CEIPI at WIPO and Former Deputy Director General of WIPO.

For further information concerning the Act of Lisbon and Geneva: https://www.wipo.int/meetings/diplomatic_conferences/2015/en/index.html

April 2014 - Responses to the “Public consultation on the review of the EU copyright rules” of the European Commission

The CEIPI prepared a response to this important public consultation launched by the European Commission. The public consultation is taking  place within the context of the review process of the 2001 Directive and addresses different copyright issues in the information society, in particular the "territoriality of Copyrights in the Internal Market,  harmonisation, limitations and exceptions to copyright in the digital age; fragmentation of the EU copyright market; and how to improve the effectiveness and efficiency of enforcement while underpinning its legitimacy in the wider context of copyright reform”.

Please click here to access the consultation text and CEIPI’s contribution.

Furthermore, Mr Christophe Geiger, Director General of CEIPI, also participated to the working group on Copyright coordinated by the European Law Institute.

Please click here for access to the contribution of the European Law Institute.

The European Copyright Society also prepared a response to this consultation of the European Commission. Mr Christophe Geiger, Director General of CEIPI, is a founding member of this association and participated in drafting this contribution.

Please click here for access to the contribution of the European Copyright Society.

June 2013 - Reply of the CEIPI to the European Commission's survey on the civil enforcement of intellectual property rights

You can download below the reply of the CEIPI from June 2013 to the European Commission's public consultation for the purpose of gathering specific information on the efficiency of proceedings and accessibility of measures in the context of civil enforcement of intellectual property rights.

The CEIPI puts the accent on ADR (alternative dispute resolution), a mechanism which so far had not been sufficiently recognized as an efficient tool within the European legal framework for the intellectual property rights enforcement.

December 2011 - Establishing a flexible legal framework for limitations and exceptions to copyright at international level

From November 21 to December 2, 2011, a delegation of CEIPI participated in work of the twenty-third session of the Standing Committee on Copyright and Related Rights (SCCR) of the World Intellectual Property Organization (WIPO).
Christophe Geiger, Director General of CEIPI, made a statement welcoming the progress made by the SCCR on the issue of limitations and exceptions. He endorsed further work towards establishment of an appropriate international framework on limitations and exceptions for the benefit of visually impaired persons with print disabilities as well as for libraries and archives. While acknowledging the achievements made, he stressed that for the purpose of attaining the desired balance between all interests involved, a flexible international framework on limitations and exceptions should be established.
You can download below the full text of the statement.

March 2011 - Enforcement of intellectual property rights - Observations of the CEIPI on the evaluation report of the European Commission of December 22, 2010

The CEIPI has submitted observations on the evaluation report of the European Commission of December 22, 2010 concerning the application of the directive of April 29, 2004 on the enforcement of intellectual property rights in member states.
The report was written by Christophe Geiger, Associate Professor, Director General and Director of the Research Department of the CEIPI, Jacques Raynard, Professor at the University of Montpellier I and at the CEIPI and Caroline Rodà, Postdoctoral Research Fellow and member of the Research Department of the CEIPI.
The english version of this document is available below.

February 2010 - CEIPI Answer to the Survey of the WIPO on the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration

Through its research team, the CEIPI reacted to the survey of the World Intellectual Property Organization on the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration. This text has been transmitted to the WIPO on February, 08, 2010. It contains a list of recommandations to the attention of the international legislator.

July 2009 - Report: The Future of Copyright in Europe

At the request of the Council of Europe, M. Christophe Geiger, General Director of CEIPI has written in July 2009 a study concerning the Future of Copyright in Europe.. A revised and updated version of this document (from October, 2009) is available in full text below.

May 2009 - CEIPI Study for the European Parliament

At the request of the European Parliament, CEIPI has done a synthetic study recalling the role of the Parliament in developing intellectual property community legislation.
This note, written in May 2009 by Christophe Geiger, Associate Professor and General Director of CEIPI and Emmanuel Py, Phd in Law and researcher at CEIPI, will be handed to the European Deputies of the new legislature and is meant to clarify the upcoming work of the European Parliament regarding the improvement of community asset. You may download below this study (only in French language).

December 2008 - Answer to the Proposed Directive for a Copyright Term Extension

CEIPI and other important European Academics published a common position concerning the Proposed Directive for a Copyright Term Extension. This text has been transmitted to the European Commission, the European Parliament and the French Ministry of Culture on 21.12.2008

November 2008 - Comment of the CEIPI on the European Commissions Green Paper

Through its research team, the CEIPI reacted to the "Green Paper on Copyright in the Knowledge Economy". This text has been transmitted to the European Commission on 30.11.2008. It contains a list of recommendations to the attention of the community legislator. (Propriétés intellectuelles 2009, n° 32, p. 231 ; International Review of Intellectual Property and Competition Law 2009, p. 412.

June 2004 - The impact of piracy and counterfeiting in Europe : Final report

At the request of the Directorate-General for Justice, Freedom and Security of the European Commission, the CEIPI carried out an extensive impact assessment that accompanies a proposal for a framework decision on combating counterfeiting and piracy.

The purpose of this paper, written in June 2004 by the research team of the CEIPI and, more specifically by Yves Reboul, professor at the Université Robert Schuman in Strasbourg and General Director of the CEIPI, and by Emmanuel Py and Stéphane Thomas, lecturers at the CEIPI, is to provide the necessary elements for the assessment report. This report will enable the realization of the impact study addressing all phenomena consisting in the infringement of an intellectual property right.

To download the complete text of the study, please ses below.