This paper examines the competence of the EU to introduce a neighbouring right for publishers (including a neighbouring right for press publishers, also called "ancillary copyright"). The assessment of competence is carried out following a step-by-step approach, which involves an analysis of the applicable Treaty norms and an assessment of subsidiarity and proportionality.
Report commissioned by the UK Intellectual Property Office, August 2013.
Een ongeredigeerde versie is beschikbaar op het Kluwer Copyright Blog.
Secrecy has been the motto of IP law, and treatymaking worldwide - but do policy makers in Europe have a legitimate basis in continuing such a trend?
The Law and Economics of Protecting Technological Measures in Copyright: a Portuguese Viewpoint.
The Anti-Counterfeiting Trade Agreement (ACTA) has been cooking for some time now. Some ingredients to that dish are missing though - notably, a clear competence of the European Union. In fact, the Union's struggle for an expansion of its powers - especially in the area of harmonization of national laws with a basis on internal market considerations - has led some doctrine to express concerns whether the relevant provisions could give the EU carte blanche to harmonize in a wide variety of subjects. In the pre-Lisbon era, some authors have called this tendency "competence creep".