EU developments IN IP, IT and Telecommunications law

EU Developments

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EU DEVELOPMENTS IN IP, IT AND TELECOMMUNICATIONS LAW This is the latest edition of Baker & McKenzie's column on recent developments in EC law relating to IP, IT and Telecommunications. Most recent developments are in bold,

A. INTELLECTUAL PROPERTY 1. Copyright

Council has agreed to extend its discussions on the p r o p o s e d Directive for harmonizing the resale rights ot" artists. See RAPID PRES/99/201.

1.1 Final

2. Patents

1.2 Pending

2.1 Final

N e w Copyright Directive: Draft Directive on Copyright and Related Rights in the Information Society. Commission has submitted an a m e n d e d proposal for a Directive on Copyright and Related Rights in the Information Society. It incorporates the majority of changes sought by the Parliament in February 1999, but continues to require Member States to provide network operators with an e x c e p t i o n from the reproduction right for certain technical acts of reproduction, such as certain 'cache' copies. It recognizes that Member States may provide rightholders with fair c o m p e n s a t i o n for private copying by analogue as well as digital means (COM (1999) 250).The full text of the a m e n d e d proposal is available for downloading from the Europa site on the World W i d e Web: < h t t p : / / e u r o p a . e u . i n t / c o m m / d g 15>. Copyright and Performances Treaties: Proposal for a Council Decision. This is a proposal for a Council Decision authorizing the signature on behalf of the Community of the WIPO Copyright and Performances treaties (1998 OJ C 165/08).This proposal is d e p e n d e n t on the approval of the Draft Directive on Copyright and Related Rights in the Information Society or another measure w h i c h meets the main requirements of the n e w international treaties on protection of authors, performers and p h o n o g r a m p r o d u c e r s agreed in D e c e m b e r 1996 in the framework of the World Intellectual Property Organization: see RAPID IP/99/337, 21 May 1999. Proposal for a Council Decision (1996 o J C164/3) approving the Council of Europe Convention relating to Copyright and Neighbouring rights in the frame of transborder broadcasting by satellite. Note that this too d e p e n d s on the progress of the Draft Copyright Directive. A m e n d e d proposal for a Directive on the Re-sale Right for the Benefit of the Author of an Original Work of Art (COM (98) 78). Commission Paper 22 O c t o b e r 1998. Consultation due to be c o m p l e t e d March 1999. Green Paper is on the Internet at: < h t t p : / / e u r o p a . e u . i n t / c o m m / d g l 5 / e n / i n t p r o p / i n d p r o p / 9 2 2 . h t m > (COM (1998) 569). The Council passed this matter on 25 February 1999 to COREPER for further discussion with a view to early action being taken (SCADplus).

Sectional Agreements b e t w e e n EC and Switzerland. On 21 June 1999, the European Community and its Member States, on one part, and the Swiss Confederation, on the other part, signed the seven sectional Agreements and the related Final Acts of the following Agreements: free m o v e m e n t of persons, air transport, rail and road transport, public procurement, scientific and technological co-operation, mutual recognition in relation to conformity assessment and agriculture. These Agreements were negotiated as a package and therefore they will be c o n c l u d e d and enter into force at the same date. See Rapid C/99/195.

2.2 Pending Proposal for a Directive for the Protection of Inventions by Utility Models COM(97)691 final-97/O356(COD) (1998 C 36). The European Commission has presented an a m e n d e d proposal for a Directive approximating the legal arrangements for the p r o t e c t i o n of inventions by utility model. This Directive is aimed at harmonizing the main provisions of national laws regulating the p r o t e c t i o n of inventions by utility model, including the introduction of this protection in Member States w h e r e it does not exist. This form of protection, w h i c h is more flexible and less b u r d e n s o m e than the patent, appears to be more suitable for inventions that have a limited degree of inventiveness and a relatively short life span.The a m e n d e d proposal incorporates most of the amendments p r o p o s e d by the European Parliament in its opinion of March 1999 on the Commission's initial proposal (IP/99/433, 30 June 1999). ESC Opinion on Promoting Innovation through Patents (CES (98) 282). Opinion of the Committee of the Regions on the Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions - - Reinforcing cohesion and competitiveness through research, technological develo p m e n t and innovation (1999 OJ C 198/09). Green Paper on the Community Patents and the Patent System in Europe COM/97/0314 Final. Communication from

Computer Law & Security Report Vol. 15 no. 6 1999 ISSN 0267 3649/99/$20.00 © 1999 Elsevier Science Ltd. All rights reserved

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the Commission to the Council, the European Parliament and the Economic and Social Committee p r o m o t i n g innovation through patents - - the follow-up to the Green Paper on the C o m m u n i t y Patent and the Patent System in E u r o p e (COM(1999) 42 Final). The Communication also outlines, inter alia, the preparation of a draft Directive on the p a t e n t a b i l i t y of c o m p u t e r p r o g r a m s . See also RAPID IP/99/105. Full text available at: < h t t p : / / e u r o p a . e u . i n f / comm/dg/5>. Commission R e c o m m e n d a t i o n on the ways in w h i c h the Member States and the signatory States to the Agreement on the European Economic Area should p r o t e c t intellectual p r o p e r t y in c o n n e c t i o n with the d e v e l o p m e n t and manufacture of flavouring substances (1998 OJ Ll17) amending Regulation 2232/96.

3. Designs 3.1 Final 3.2 Pending Draft Regulation (COM (93) 342) by providing a Communityw i d e system for the legal p r o t e c t i o n of industrial designs (both registered and unregistered). Commission is e x p e c t e d to a d o p t the a m e n d e d p r o p o s a l for a Regulation o n Community designs in early May 1999. The Internal Market Council discussed the Proposal for a Regulation on the C o m m u n i t y Design on 25 F e b r u a r y 1999 (SCADplus). Commission p r e s e n t e d on 21 June 1999 an a m e n d e d proposal for a Council Regulation on Commtmity Design. The proposal w o u l d provide for the p r o t e c t i o n of industrial designs throughout the EU's Single Market on the basis of a single, simple and inexpensive registration p r o c e d u r e . T h e a m e n d e d proposal is compatible w i t h the Design Right Directive (see" < h t t p : / / e u r o p a . e u . i n t / c o m m / d g l 5> or RAPID IP/99/407).

4. Trademarks 4.1 Final Council Regulation (EC) No 241/1999 of 25 January 1999 was implemented, amending Regulation (EC) No 3295/94 laying d o w n measures to prohibit the release for free circulation, export, re-export or e n t r y for a suspense p r o c e d u r e of counterfeit and pirated goods. 1999 OJ L27, 2 February 1999. The Commission intends to a d o p t a follow-up communic a t i o n to its w i d e - r a n g i n g G r e e n P a p e r " C o m b a t i n g Counterfeiting and Piracy in the Single Market" of 16 O c t o b e r 1998 taking stock of the consultation process and presenting an action plan containing c o n c r e t e measures to be taken in c o m b a t i n g c o u n t e r f e i t i n g and piracy. However, the Commission will await the European Parliament's opinion on the Green Paper before finalizing this communication: see RAPID C/99/201.

4.2 Pending Commission briefed Council on the preparation of a working d o c u m e n t summarizing the results of previous trademark

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exhaustion hearings and setting out the major issues for consideration. Under the Finnish presidency, the Council will revisit this issue while the Commission intends to summarize the results of its consultation. See RAPID PRES/99/201. P r o p o s e d Council Decision to Approve Community Accession to Madrid Protocol (1996 OJ C293/11; COM (95) 92).

5. Topography Rights Nothing to report.

B. PERSONAL DATA C o m m o n Position (EC) No. 8/1999 of 21 D e c e m b e r 1998 a d o p t e d by the Council with a view to the adoption of a Council Decision adopting a series of actions and measures in order to ensure interoperability of and access to transEuropean networks for the electronic interchange of data b e t w e e n administrations (IDA) (1999 OJ C 5 5 / 0 2 . ) T h i s is c o n t e m p o r a r y with the Council's C o m m o n Position No 9/1999 with a view to the adoption of a Council and Parliament Directive on a series of guidelines for IDA. Regulation to protect data within EU institutions and bodies: proposals have been p u t forward by the European Commission.The p r o p o s e d Regulation w o u l d lay d o w n rules to ensure a high level of protection for personal data p r o c e s s e d by each of the Community institutions and bodies and establish an i n d e p e n d e n t supervisory body to m o n i t o r application of these rules. The EU institutions are obliged to introduce such data p r o t e c t i o n safeguards by the n e w Article 286 of the EU Treaty (as a m e n d e d by the Amsterdam Treaty). The p r o p o s e d Regulation has to be a d o p t e d by the Council of Ministers and the European Parliament under the co-decision procedure. See RAPID IP/99/497, 15 July 1999. The Council a d o p t e d a decision authorizing the Member States to unanimously approve, on behalf of the European Communities, the adoption of a m e n d m e n t s to allow the EC to accede to the Convention for the p r o t e c t i o n of individuals w i t h regard to a u t o m a t i c p r o c e s s i n g of p e r s o n a l data (Council of Europe Convention 108). See Rapid PRES/99/184. On 7 May 1999, the European Parliament e n d o r s e d a controversial effort by EU governments to outline the technical requirements of law enforcement agencies to intercept Internet and o t h e r hi-tech c o m m u n i c a t i o n s . See: . Commission's Data Protection Working Party has published its Opinion on the adequacy of the revised safe harbour principles issued by the US DoC. The Working Party c o n c l u d e d that, although the revision was useful and encouraging, the sectional and self-regulatory rules do not provide adequate p r o t e c t i o n for all personal data transferred from the EU. See: for more information. Eurodac database for immigration and law enforcement: The Council noted that agreement has been reached on the c o n t e n t of the Eurodac implementing rules, subject to any necessary adaptations being made to take account of the Eurodac Regulation for w h i c h the Commission a d o p t e d a proposal on 26 May 1999. See RAPID PRES/99/168. Commission proposes n e w data protection regulation to i n t r o d u c e a n e w European Data Protection Authority

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C. COMPETITION LAW 1. Final Council Regulation (EC) No 1216/1999 of 10 June 1999 amending Regulation No 17: First Regulation implementing Articles 81 and 82 of the Treaty (1999 OJ L 148/5). Following an inquiry by DG1V into earlier versions of agreements with EU ISPs for the licensing and distribution of its Internet Explorer products, was advised to re-examine the agreements in light of EU c o m p e t i t i o n rules. Microsoft formally a m e n d e d the agreements and notified the Commission in February.The Commission has n o w formally a p p r o v e d the revised agreements in a comfort letter. (RAPID IP/99/317).

2. Pending Green Paper on Vertical Restraints in EC Competition Policy (COM (96) 721) r e v i e w i n g vertical restraints and the Regulations on Exclusive D i s t r i b u t i o n and Exclusive Purchasing Agreements (Regs 1984/83, 1983/83). On 7 May 1999, the Council a n n o u n c e d that it had agreed on two regulations giving Commission the necessary p o w e r s to c o m p l e t e the reform of c o m p e t i t i o n policy applicable to vertical restraints (i.e. d o w n the manufacturer-distributor chain, rather than across manufacturers). See RAPID IP/99/286. Proposal for a Council Regulation amending Regulation 19/65/EEC on application of Article 85(3) of the Treaty to certain categories of agreements and c o n c e r t e d practices (COM (1998) 546 FINAL 98/0287 CNS). P r e s e n t e d by the Commission on 30/9/98. See RAPID IP/99/286. Draft notices regarding the treatment o f ancillary restraints, c o m m i t m e n t s a n d r o u t i n e cases u n d e r t h e M e r g e r Regulation see: < w w w . europa.eu.int/comm/dgO4/lawmerg/draft_notices/in dex.html>.

D. ADVERTISING Nothing to report.

E. STANDARDIZATION The Council took note on 21 June 1999 of a Presidency progress r e p o r t on ongoing w o r k in the field of standardization. There is general agreement among Member States and the Commission that efficient and speedy p r o d u c t i o n of good quality standards is essential for the functioning of the Internal Market. See RAPID PRES/99/201. Council R e c o m m e n d a t i o n 95/144/EC on C o m m o n Information Technology Security Evaluation Criteria (1995 OJ L93/27). Commission Communication on Standardization and the Global Information Society: The European Approach (COM (96) 359). Note, in the context of standardization, the related Common Position (EC) No 9/1999, adopting a series of actions and measures in order to ensure interoperability of and access to tran~European networks for the electronic interchange of data between administrations (IDA). (See 1999 OJ C 055/15).

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F. PUBLIC PROCUREMENT Public p r o c u r e m e n t measures count among the measures w h i c h Member States are most likely to i m p l e m e n t late, with non-implementation running at 36.4% of Single Market directives. See RAPID IP/99/394. Green Paper on Public Procurement in the EU Corn (96) 583/PE 262 698. Commission communication on public proc u r e m e n t in the EU (COM (1998) 143).A Commission comm u n i c a t i o n on improving SMEs p a r t i c i p a t i o n in Public Procurement is e x p e c t e d from D e c e m b e r 1999. See RAPID PRES/99/123 (27 May 1999).

G. TELECOMMUNICATIONS Draft Act to establish Convention on Mutual Assistance on Criminal Matters: Council 1999/c 251/01. The draft does n o t indicate that the d e a d l o c k o n telecommunications interceptions has b e e n resolved. Licensing Directive (97/13/EC) on C o m m o n F r a m e w o r k for G e n e r a l A u t h o r i z a t i o n s a n d Individual Licences in Telecommunications Services has b e e n further i m p l e m e n t e d in t h e UK b y T h e T e l e c o m m u n i c a t i o n s (Licence Modification) Regulations (Sis 2450-2455/1999). These relate to standard licence scheduies and to the licences of British Telecommunications Plc, Mobile PTOs, fixed voice telephony operators and international facilities operators. As a c o n s e q u e n c e o f t h e above, OFTEL's policy on the granting o f i n t e r c o n n e c t i o n rights to n e w operators u n d e r A n n e x 2, Category 4 of the Intercotmection Directive, as s e t out in their S t a t e m e n t on Obligations to Interconnect u n d e r the EC Interconnection Directive (April 1999) will have c o m e into effect as o f 27 S e p t e m b e r 1999. Commimion proposals as a result o f t h e "1999 Review" o f Telecoms Legislation - - e x p e c t e d in N o v e m b e r / D e c e m b e r 1999. Opinion of the Economic and Social Committee on the 'Green Paper on Radio Spectrum Policy' has been published (1999 OJ C169/02). T e l e c o m m u n i c a t i o n s (Data P r o t e c t i o n & Privacy) Regulations 1998 (SI 1998 No 3170) came into force 1 May 1999, implementing Directive 97/66/EC on the processing of personal data and the protection of privacy in the telecommunications sector insofar as it relates to the use of publicly available telecommunications services for direct marketing purposes. The Data Protection Registrar issued guidance on the n e w Regulations in June 1999.The guidance can be found at: < h t t p : / / w w w . o p e n . g o v . u k / d p r / t e l c o m 1 .htm>. C o m m o n Position 16/98 (published 19 March 1998) on p r o p o s e d Directive amending directive 97/33 with regard to n u m b e r portability and carrier pre-selection (7).1C 091/4.Text a d o p t e d by Parliament on 14 May 1998 (1998 Q[ C 167/04). Directive 1999/5/EC o f t h e European Parliament and o f t h e Council o f 9 March 1999 o n radio e q u i p m e n t and t e l e c o m m u n i c a t i o n s terminal e q u i p m e n t and the mutual r e c o g n i t i o n o f t h e i r c o n f o r m i t y (OJ L 091, 7 A p r i l 1999 p. 10). Green Paper on a Numbering Policy for Telecommunication 1998 Directive Services in Europe (COM (96) 590 final). Council Resolution on the F u r t h e r Development of a Numbering Policy for Telecom Services in the EC (1997 OJ C 303).

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Proposal for a Decision on the Co-ordinated Introduction of a Mobile and Wireless Communication System (UMTS) of 1998 131. The Decision was a d o p t e d by Parliament and Council (1999 OJ L17, 22 January 1999). It provides for a harmonized system for the gratuity of licences being p u t in place for 1 January 2000 so as to allow for the launch of the n e w systems from 1 January 2002. Green Paper on the Convergence of the Telecommunications, Media and Information Technology Sectors, and the Implications of Regulation COM (97) 623 final: . The European Commission has adopted a Communication reporting the results of the public consultation on the Green Paper on Convergence (Com (1999) 108 EN Final). See for m o r e information: < h t t p : / / w w w •i s p o . c e c . c e / c o n v e y a n c e g p / C o m ( 9 9 ) 108/Com(99) 108ENfina 1.html>. The key issues are seen as transparency and proportionality, and the distinction b e t w e e n transport and content. The European Telecoms Council has w e l c o m e d the proposals envisaged b y the European Commission (press release 22 April 1999)• Commission Communication on "Audiovisual Policy: Next Steps" COM (1998) 446 final.The report reviews the sector in the light of digital broadcasting, went to Culture Council on 17 November 1998. The text is at: < h t t p : / / e u r o p a . eu.int/comm/dgl 0/avpolicy/key_doc/hlg_en. html>. The Cable Directive and the C o m p e t i t i o n Directive 96/19/EC called on the Commission to examine (i) the effects on c o m p e t i t i o n of the joint provision of telecommunications and cable TV networks by a single operator; and (ii) the restrictions on the provision of cable TV capacity over t e l e c o m m u n i c a t i o n s n e t w o r k s . C o m m i s s i o n Directive 1999/64/EC amending Directive 90/388/EEC in order to ensure that telecommunications networks and cable TV networks o w n e d b y a single o p e r a t o r are separate legal entities published on 23 June 1999 (1999 o J L175/39). Regulatory Framework - - Commission Communication on t h e I m p l e m e n t a t i o n of the T e l e c o m m u n i c a t i o n s Regulatory Package First Update (COM (97) 504 final). I m p l e m e n t a t i o n of Telecoms Regulatory Package COM (1998) 594 final• Commission c o m m u n i c a t i o n to the Council, the EP, the ESC and the Committee of Regions as the fourth r e p o r t on the i m p l e m e n t a t i o n of t h e T e l e c o m m u n i c a t i o n s Regulatory Package (IP/98/1034) The main r e p o r t of the Commission is c o m p l i m e n t s b y a d o c u m e n t of the services w h i c h contains the detailed analysis. It is available on the Europa Web site: . C o m m o n position 39/98 with a view to adopting a Directive on radio e q u i p m e n t and t e l e c o m m u n i c a t i o n s e q u i p m e n t OJ C227. European Council Common Position o n IDA I n t e r o p e r a b i l i t y a n d access g u i d e l i n e s a m e n d e d by Parliament (see minutes of 13 April 1999 A4-0131/99) (codecision procedure: 2nd reading).

H. MEDIA/BROADCASTING Directive 98/84/EC of the European Parliament and of the Council of 20 N o v e m b e r 1998 on the legal p r o t e c t i o n of ser-

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vices based on, or consisting of, conditional access (1998 OJ L 320 54). C o m m o n Position (1998 OJ C 262) on Conditional Access. A n e w c o m m o n position wants to p r o t e c t television radio broadcasting and information society services (such as payT~, electronic publishing and audio-on-demand) w h o s e remuneration d e p e n d s on "conditional access" techniques such as e n c r y p t i o n and electronic locks•

I. INTERNET AND ELECTRONIC COMMERCE 1.1nternet Draft Proposal for a Council Regulation on jurisdiction and the enforcement of civil judgements: the Commission states that it will organize a meeting this autumn to discuss jurisdictional and choice of law rules in E-commerce transactions. See RAPID IP/99/510 and PRES/99/168. Legislative resolution e m b o d y i n g Parliament's opinion on the proposal for a Council decision adopting a specific programme for research, technological d e v e l o p m e n t and demonstration on a "User-friendly information society" (1998-2002) (COM(98)0305 C4-0434/98 98/0178(CNS)). See 1999 OJ C 098/60. WIPO has given ICANN the task of developing global Internet regulations. WIPO also r e c o m m e n d e d n e w rules for resolving Internet domain name conflicts and restrict 'cybersquatting'.A 'knock-down' p r o c e d u r e is p r o p o s e d to prevent registration unless the registrant is accountable for the domain• Note that the Commission takes the view that wherever possible responsibility for global Internet issues should be given to existing bodies such as WIPO and WTO: see 1999 OJ C104/128, 14April 1999. Council Decision 276/1999/EC of the E u r o p e a n Parliament and of the Council of 25 January 1999 adopting a multi-annual Community action plan on p r o m o t i n g safer use of the Internet by combating illegal and harmful content on global networks was i m p l e m e n t e d on 22 June 1999 (Official Journal reference No L33 of 6 February 1999). C o m m o n Position on the Council of Europe's draft Convention on Cyber Crime has b e e n a d o p t e d by the EU Council. It s u p p o r t s the drafting of a Convention on the effective investigation and p r o s e c u t i o n of c y b e r crimes• N e w laws will be a i m e d specifically at crimes against confidentiality, c o m p u t e r fraud and forgery and child pornograp h y (1999 OJ L 142/1, 5 J u n e 1999 a n d RAPID PRES/99/168). R e c o m m e n d a t i o n for a Council Decision authorizing the Member States, on behalf of the EC, to approve unanimously the adoption of the R e c o m m e n d a t i o n for the p r o t e c t i o n of privacy on the Internet by the Committee of Ministers of the Council of Europe COM (1999) 19 final.

2. Electronic Commerce The text of the a m e n d e d proposal for a Parliament and Council Directive on Electronic Signatures regime has n o w b e e n published, two months after it was agreed (COM (1999) 195 final-98/0191).

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C o m m o n position on a proposed directive of electronic signatures adopted by Council.The text will n o w be referred to the European Parliament for a second reading. The Directive sets out a series of criteria to be used as a basis for the r e c o g n i t i o n of electronic signatures. See RAPID PRES/99/201 and PRES/99/206. OJC243/83 27 August 1999. Meanwhile, the European Telecommunications Standards Institute (ETSI) published the draft of its proposed Standard for Electronic Signatures, see: for more information. Proposed Directive for regulatory framework for distance selling of financial services, amending Directives 90/619, 97/7 and 98/27. Presented by Commission 14 October 1998 to be submitted to Council and Parliament u n d e r Co-Decision procedure (COM (1998) 468 final). The text may be found at: . The ESC has suggested a few a m e n d m e n t s in its Opinion adopted on 30 April 1999, r e c o m m e n d i n g the establishment of redress mechanisms such as O m b u d s m e n and the right of the c o n s u m e r to choose w h e t h e r to sue in his home jurisdiction or that of the supplier (1999 OJ C 101/15). Commission outlined Action Plan for single financial market on 11 May 1999, setting out a series of policy objectives and specific measures to improve the Single Market for financial services over the next five years have b e e n outlined in an Action Plan just adopted by the European Commission. The Action Plan suggests indicative priorities and time-scales for legislative and other measures to tackle three strategic objectives, namely ensuring a Single Market for wholesale financial services, o p e n and secure retail markets and state-of-the-art prudential rules and supervision.The Action Plan also calls for the adoption before the end of 1999 by the Council of Ministers and the European Parliament of p r o p o s e d Directives o n collective i n v e s t m e n t u n d e r t a k i n g s (see IP/98/673), distance selling of financial services (see IP/98/891) and electronic m o n e y (see IP/98/727). See RAPID 1P/99/327. Proposal on a Multi-annual Community Programme to Stimulate the Establishment of the Information Society (COM(96) 592). Commission c o m m u n i c a t i o n o n European Initiative for the P r o m o t i o n of Electronic C o m m e r c e in Europe (COM (97) 157). Commission Proposal for a European Parliament and Council Directive on certain legal aspects of electronic commerce in the internal market (OJ C 30/4).This Directive as proposed seeks to ensure the proper functioning of the internal market, particularly the free movement of Information Society Services between the Member States and seeks to legislate on the establishment of service providers, commercial communications, electronic contracts, liability of intermediaries, codes of conduct and dispute resolution. Supported by Parliament 26/4/99, including consideration of right to avoid junk mail. Amended Proposal presented by Commission COM (1999) 427 final 98/0325 COD proposes technical amendments and takes into account the favourable opinion from the European Parliament adopted i n May 1999 IP/99/652 see: < w w w . e u r o p a . e u . i n t / c o m m / d g1 5 / e n / m e d i a / e l e c o m m / c o m 4 27en.pdf>. The main substantive changes regard opt out registers for u n s o l i d t e d E-malls, the conclusion of online contracts, defin-

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ition of consumer and applicability of existing consumer and data protection directives. The amended Proposal will be forwarded to the European Parliament and the ELI's Council of Ministers for adoption under the co-decision procedure. C o m m i ~ i o n Notice on call for proposals "Improving the Access of SMES to electronic c o m m e r c e 1999" (199/C248/11). Opinion of Consumer Committee on the Year 2000 related problems published by European C o m m i ~ i o n at: . European Community communication to WTO made as a contribution to the WTO's consideration or electronic commerce. Recommendations to be submitted by the General Counsel to the Third WTO Ministerial Conference in Seattle 30 N o v e m b e r - 3 December 1999.

J. MISCELLANEOUS 1. Final Directive 1999/44/EC of Parliament and Council on certain aspects of c o n s u m e r goods and associated guarantees was published on 25 May 1999.This Directive is to be implemented into national law by Member States by 1 January 2002 (1999 OJ L171/12, 7July 1999). Commission report on the preparedness of key EU infrastructure forY2K (COM (1999) 275).

2. Pending Commission has published an explanatory note on the proposed Directive on Waste from Electrical and Electronic Equipment (WEEE) and is seeking information on the impact of WEEE o n business, see: < h t t p : / / e u r o p a . e u . i n t / c o m m / d g l 5 / e n / u p d a t e / p a n e l / w a s t e l . h t m > to access the note. Political agreement on the effect on health of electromagnetic radiation was reached by qualified majority of Eli Health Ministers, the Italian delegation indicating its intention to vote against, on a recommendation on the limitation of exposure of the general public to electromagnetic fields in the frequencies 0 Hz-300 GHz. See RAPID PRES 99/185. The results of a E u r o b a r o m e t e r survey: "Measuring Information Society 1998" were published on 20 July 1999. This revealed a doubling in the n u m b e r of households with Internet access to 8.3%, with a strong increase in PC ownership and other IT services. Significantly, there remains a North-South divide in the use of the Internet, 39.6% of Swedes using the Internet, but only 2.9% of Greeks. For more details of the survey, see RAPID IP/99/534. O p i n i o n of the Economic and Social Committee on the Proposal for a European Parliament and Council Directive combating late p a y m e n t in commercial transactions (1998 OJ C 407/09). Following the Commission's consultation with the ESC, the ESC unanimously adopted a decision approving the principle of a European directive on p a y m e n t periods, making suggestions as to an obligation to provide information in the Official Journal; strengthening the proposals as regards inter-enterprise relations; and r e c o m m e n d s a clause stipulating a review of the directive within three years.

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Proposal for a Council Regulation setting up a Community Regime for the control of exports of dual-use goods and technology (1998 OJ C399/01). The Regulation sets up a Community system of export controls for dual-use goods and technology in repealing Regulation No 3381/94. Note the Council decisions of 18 January 1999 (1999 oJ L 018/1) and of 9 March 1999 (1999 OJ L73/1) amending Decision 94/942/CFSP on the joint action adopted by the Council on the basis of Article J.3 of the Treaty on European Union concerning the control of export of dual-use goods. Resolution on the Commi~ion report to the European Parliament and the Council on the application of Regulation (EC) No. 3381/94 setting up a Community system of export controls regarding dual-use goods (COM(98)0258 - - C40442/98) welcomes the Commission's report and largely agrees with its analysis. OJC 219/34, 30July 1999 and calls on the Member States to abandon their opposition to a common export control policy for dual-use goods and to create the necessary legal basis in the Council without delay. Commi~ion Green Paper on civil liability for defective products (available at: . The Commi~ion intends to launch a broad consultation process among interested parties to examine the

Law

actual implementation of rules relating to producer liability Com (1999) 396 final. Proposal for a Council Directive on the service of judicial and extrajudicial documents in civil or commercial matters (1999/C247E/02) final version c o p y (1999) 219 final1999/DlO2(CNS) will allow faster transmission of documents. Draft Regulation on jurisdiction recognition and enforcemerit of judgments in civil and commercial matters provides a n e w rule for cases o f / i s p e n d e n s and a faster execution procedure. Opinion of the Economic and Social Committee on the Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions 'White Paper on Commerce' 1999/c258/08. The White Paper was welcomed by the ESC and major priorities for action, including in the field of economic commerce, were recomaiTed. Council draft Act establishing the Convention on Mutual Assistance on Criminal Matters between the Member States of the European Union (1999 c/251/01) does not indicate the deadlock on telecommunications interceptions has been resolved.

For further information on any of the above, please contact Don Jerrard ([email protected]) or Harry Small ([email protected]), both of whom are partners in the Intellectual Property, Information Technology, Communications and Media Law department of the London office of Baker & McKenzie (Tel: + 44 (0)207 919 1000). Mr Jerrard and Mr Small were assisted in the preparation of this article by Kate Hope ([email protected]) and Mike Conradi ([email protected]).

Book Review Copyright Law Copyright Infringement - - Comparative Law Year Book of International BusIness, Special Issue, 1997, edited by Dennis Campbell and Susan Cotter, soft,cover, Kluwer Law International, 457 pp., ISBN 90 411 9654 4 This text, published under the auspices of the Center for International Legal Studies, Salzburg,Austria, concentrates on the topic of copyright infringement. Since 1976, the Center has worked closely with the Faculty of Law at Salzburg University, the Austro-American Institute in Vienna and numerous other universities and educational institutions in Europe and the United States. Selected topics deemed worthy of publication are selected for inclusion in its year book.The selection this time of issues related to copyright infringement reflect the growth of this problem, made worse by the constant flow of technological advance. As the Editor's note indicates: "the last half of this century has seen the development of more and more sophisticated means of communication, both for work and entertainment purposes. Technology has moved on from the days of vinyl records and large mainframe computers, when the copying of material was not a possibility for the public at large. Now, almost every home has a cassette recorder, a video recorder and a personal computer, enabling their users to record music, television or film and to download information, either on disc, CD-ROM or direct from the Internet." The contributors to this text are leading practitioners in the field of intellectual law from Europe, North and South America,Australia,Africaand the Far East. Each contributor provides an overview of the present legal situation regarding copyright infringement in their own jurisdiction. The contributions note the differing extent of copyright protection throughout these jurisdictions and the associated problems of proof of ownership and enforcement that goes with it. Available from Kluwer Law International, PO Box 858-89, 2508 CN, The Hague, The Netherlands; Tel: +31 70308 1562 or Fax: +31 70308 1555.

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