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The Unified Patent Court after Brexit

11-03-2020

Great Britain has recently made known that it does not intend to apply the International Agreement on a Unified Patent Court (UPCA).

Great Britain has recently made known that it does not intend to apply the International Agreement on a Unified Patent Court (UPCA).

What if internet by satellite were to lead to congestion in orbit?

05-02-2020

American Starlink project aims to bring high speed internet access across the globe by 2021. It’s certainly a mission in the sky! But how will Elon Musk’s plans to deploy this mega constellation of satellites impact on European citizens?

American Starlink project aims to bring high speed internet access across the globe by 2021. It’s certainly a mission in the sky! But how will Elon Musk’s plans to deploy this mega constellation of satellites impact on European citizens?

Common minimum standards of civil procedure: European Added Value Assessment

28-11-2019

The European Added Value Assessment (EAVA) estimates whether and to what extent adoption of EU minimum standards of civil procedure could generate European added value. The European added value is quantified as a percentage reduction of the total cost of civil procedure. The total cost of civil procedure is estimated based on data on the number of civil and commercial proceedings in the EU-28 and the cost of litigation in the Member States. Based on this analysis, the EAVA estimates that introducing ...

The European Added Value Assessment (EAVA) estimates whether and to what extent adoption of EU minimum standards of civil procedure could generate European added value. The European added value is quantified as a percentage reduction of the total cost of civil procedure. The total cost of civil procedure is estimated based on data on the number of civil and commercial proceedings in the EU-28 and the cost of litigation in the Member States. Based on this analysis, the EAVA estimates that introducing EU common minimum standards of civil procedure could reduce annual costs for citizens and businesses in the European Union by as much as €4.7 to 7.9 billion per annum. The European added value could be potentially generated through reduction of fragmentation, simplification and filling gaps in the current EU procedural rules. Furthermore, EU common minimum standards would contribute towards building mutual trust between judicial authorities of different Member States. Increasing trust has the potential to enhance legal certainty and stability for citizens and businesses, further reduce uncertainty and delay costs.

EU Patent and Brexit

05-11-2019

This In-depth Analysis resumes the possible scenarios concerning several Intellectual Property provisions of EU and international law in the event of a withdrawal of the United Kingdom with or without a proper withdrawal agreement. It tries to clarify the question how Brexit may affect the entry into force of the new European Patent with Unitary effect (EPUE), especially, if the Unified Patent Court Agreement (UPCA) can enter into force, even in case the UK has withdrawn from the EU. What would be ...

This In-depth Analysis resumes the possible scenarios concerning several Intellectual Property provisions of EU and international law in the event of a withdrawal of the United Kingdom with or without a proper withdrawal agreement. It tries to clarify the question how Brexit may affect the entry into force of the new European Patent with Unitary effect (EPUE), especially, if the Unified Patent Court Agreement (UPCA) can enter into force, even in case the UK has withdrawn from the EU. What would be the necessary steps to be taken by the EU in order to ensure the functioning of the future European Unitary patent and in case the UPC Agreement would have to be revised because of Brexit.

Blockchain and the General Data Protection Regulation

24-07-2019

In recent times, there has been much discussion in policy circles, academia and the private sector regarding the tension between blockchains and the European Union’s General Data Protection Regulation (‘GDPR’). Whereas, the GDPR is based on an underlying assumption that in relation to each personal data point there is at least one the data controller, blockchains make the allocation of responsibility and accountability burdensome. Further, although the GDPR is based on the assumption that data can ...

In recent times, there has been much discussion in policy circles, academia and the private sector regarding the tension between blockchains and the European Union’s General Data Protection Regulation (‘GDPR’). Whereas, the GDPR is based on an underlying assumption that in relation to each personal data point there is at least one the data controller, blockchains make the allocation of responsibility and accountability burdensome. Further, although the GDPR is based on the assumption that data can be modified or erased where necessary to comply with legal requirements, blockchains, however, render the unilateral modification of data purposefully onerous in order to ensure data integrity and to increase trust in the network.

Consumer sale of goods

15-07-2019

The European Commission proposed a new directive on the consumer sale of goods in 2015, with the aim to lay down rules on online and other distance sales of goods. This was replaced on 31 October 2017 by an amended proposal, which sought to replace entirely the existing Consumer Sales Directive dating from 1999, and regulate contracts concluded both online and offline. The new directive was agreed in January 2019 after trilogue negotiations between Parliament and Council, and then adopted by the ...

The European Commission proposed a new directive on the consumer sale of goods in 2015, with the aim to lay down rules on online and other distance sales of goods. This was replaced on 31 October 2017 by an amended proposal, which sought to replace entirely the existing Consumer Sales Directive dating from 1999, and regulate contracts concluded both online and offline. The new directive was agreed in January 2019 after trilogue negotiations between Parliament and Council, and then adopted by the two institutions in March and April respectively. Signed in May 2019, it will allow Member States to decide on a legal guarantee of longer than two years and extend the period during which it is presumed that the goods were faulty from the start. It entered into force on 11 June 2019 and Member States have to apply it from 1 January 2022. Fifth edition, based on a briefing originally drafted by Rafał Mańko. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure. To view previous versions of this briefing, please see: PE 635.594 (March 2019).

Contracts for the supply of digital content and digital services

15-07-2019

The directive on contracts for the supply of digital content and digital services, proposed by the European Commission in 2015, harmonises some private-law aspects of such contracts at EU level for the first time. The directive will not fully harmonise the duration of legal guarantees for digital content and services, but national laws will not be allowed limit it to less than two years. For the first year from delivery, the burden of proof will be on the supplier. Traders will be required to provide ...

The directive on contracts for the supply of digital content and digital services, proposed by the European Commission in 2015, harmonises some private-law aspects of such contracts at EU level for the first time. The directive will not fully harmonise the duration of legal guarantees for digital content and services, but national laws will not be allowed limit it to less than two years. For the first year from delivery, the burden of proof will be on the supplier. Traders will be required to provide necessary updates. The directive will also establish what remedies consumers are entitled to and the order in which they can be used. Although the European Parliament proposed that the directive should cover embedded digital content as well, following negotiations with the Council, the co-legislators agreed that such content will be regulated by the new directive on sale of goods. The directive on contracts for the supply of digital content and digital services was formally signed into law in May 2019 and Member States have to apply its measures from 1 January 2022. Sixth edition of a briefing originally drafted by Rafał Mańko. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure. To view previous editions of this briefing, please see: PE 635.601 (March 2019).

Cost of non-Europe in robotics and artificial intelligence

12-06-2019

Robotics is a wide and multi-faceted domain, which crosses boundaries between many economics sectors and legal disciplines. The perception of a need for some kind of Europe-wide legal framework to accompany the development of robotic and artificial intelligence (AI) technologies is growing. A harmonised EU regulatory framework concerning specifically liability and insurance regarding robotics and AI could provide greater legal certainty and promote trust. It could also stimulate greater research ...

Robotics is a wide and multi-faceted domain, which crosses boundaries between many economics sectors and legal disciplines. The perception of a need for some kind of Europe-wide legal framework to accompany the development of robotic and artificial intelligence (AI) technologies is growing. A harmonised EU regulatory framework concerning specifically liability and insurance regarding robotics and AI could provide greater legal certainty and promote trust. It could also stimulate greater research and development activity by producers and increase the speed of uptake of these two new emerging technologies by consumers, resulting in a possible positive impact in terms of GDP. Research suggests that, by 2030, EU GDP could be 0.04 % higher than it would otherwise be under the current regulatory framework.

Autore esterno

This study has been written by Bob Martens and Jorren Garrez of DLA Piper UK LLP and Cambridge Econometrics at the request of the European Added Value Unit within the Directorate-General for Parliamentary Research Services (EPRS) of the European Parliament.

Strumenti e processi digitali nel diritto societario

10-04-2019

La possibilità per le imprese di operare in un contesto giuridico e amministrativo favorevole è essenziale per la crescita economica. Le imprese già utilizzano gli strumenti digitali per l'interazione con le amministrazioni. Tuttavia, tale interazione si realizza a differenti livelli a seconda dello Stato membro. Durante la tornata di aprile II il Parlamento dovrebbe votare il testo di compromesso concordato in seguito ai negoziati di trilogo. L'obiettivo è l'armonizzazione e la promozione dell'uso ...

La possibilità per le imprese di operare in un contesto giuridico e amministrativo favorevole è essenziale per la crescita economica. Le imprese già utilizzano gli strumenti digitali per l'interazione con le amministrazioni. Tuttavia, tale interazione si realizza a differenti livelli a seconda dello Stato membro. Durante la tornata di aprile II il Parlamento dovrebbe votare il testo di compromesso concordato in seguito ai negoziati di trilogo. L'obiettivo è l'armonizzazione e la promozione dell'uso degli strumenti digitali nelle varie fasi del ciclo di vita di un'impresa.

Contracts for the supply of digital content and digital services

21-03-2019

On 29 January 2019, the European Parliament and the Council reached a provisional agreement on the European Commission's proposal for a directive regulating the private-law aspects of contracts for the supply of digital content and digital services in the internal market. The directive would, for the first time, harmonise some aspects of such contracts at EU level. The co-legislators agreed that embedded digital content would not be regulated by this directive, but rather by that on sale of goods ...

On 29 January 2019, the European Parliament and the Council reached a provisional agreement on the European Commission's proposal for a directive regulating the private-law aspects of contracts for the supply of digital content and digital services in the internal market. The directive would, for the first time, harmonise some aspects of such contracts at EU level. The co-legislators agreed that embedded digital content would not be regulated by this directive, but rather by that on sale of goods. They also agreed that the duration of legal guarantees for digital content and services would not be fully harmonised but that national laws should not limit it to less than two years; that for the first year from delivery the burden of proof should be on the supplier; and that traders would be required to provide updates. The directive would also establish what remedies consumers are entitled to and the order in which they can be used. Parliament is expected to vote on the provisional agreement during the March II plenary session. Fifth edition of a briefing originally drafted by Rafał Mańko. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure. To view previous editions of this briefing, please see: PE 614.707 (February 2018). A more recent edition of this document is available. Find it by searching by the document title at this address: http://www.europarl.europa.eu/thinktank/en/home.html

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