Concretely we ask the European leaders to:. This truly unique European system is rightly promoted by the European Commission globally as a cost efficient and safe way to ensure product compliance.
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This leads to major industry concerns, delays and a substantial cost increase for selling products in the EU across several major sectors. We therefore call on European leaders to:. Product interoperability in the EU is becoming very convoluted not only due to complexity added with every legislative revision for product compliance for example legislation on Radio Equipment, Energy Labelling, Ecodesign, etc. This may result in 27 different flavours of the same rules. To achieve a real single market, we call on the European Commission to:.
Standardisation plays a crucial role in the effective operation of the Single Market, as fully recognised in Regulation on European Standardisation. A key objective of the MSP is the evaluation of globally important and relevant ICT standards and specifications in support of European legislation, policies and public procurement. The Rolling Plan is an annual review and assessment of EU policy needs for global ICT standardisation and adds significant value in assessing ongoing and stimulating further standardisation efforts on a global, but also European, level. The MSP is a major step in recognising the importance of ICT standards and specifications produced by global fora and consortia.
In order to take full advantage of existing and ongoing ICT standardisation on the global level, Europe should further invest in the MSP. Concretely we call on European leaders to:. As more and more legislation related to products and services impacts the ICT industry, we notice inconsistencies in defining technical requirements that support conformity with regulatory obligations — for example, codes of conduct and certification schemes developed outside the established standardisation process, which risk deviating from World Trade Organisation WTO Technical Barriers to Trade TBT principles and creating new trade barriers.
We call on European leaders to:.
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The current private copying levies framework in the EU faces incredible fragmentation and is completely outdated. As each Member State has gone in a different direction, manufacturers and importers of devices are confronted on a daily basis with high costs and complicated procedures. Many national implementations are in conflict with EU legislation and case law, lacking effective exemption and reimbursement options for business users.
The tariffs collected levies and affected devices have no consistency and are not based on factual analysis, evidence and impact assessments, nor are tariffs reduced following the transition to modern media consumption via licensed and paid-for digital services such as via streaming and subscriptions, which do not involve making copies. The problems stemming from this unbalanced, unclear and fragmented system further lead to litigation and ineffective remuneration, damaging rightsholders as well.
We therefore call on the European Commission to:. Existing and emerging technologies will play a critical role in the public sector. They will reduce administrative burdens and waste, accelerate efficiencies, and most importantly provide important solutions to societal challenges. Ensuring data is flowing across all Member States will allow citizens access and control over their data — for example health records or prescriptions.
Ensuring these technologies are fully embraced and realise their potential, will require innovative policymaking such as the use of policy sandboxes where solutions can be tested, and benefits measured.
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Increasing the overall level of cybersecurity in the EU must inevitably involve the public sector as a major buyer of ICT products and services. While upcoming cybersecurity certification schemes may help in this respect, there is currently no overarching policy to help public sector bodies procure secure solutions.
To this end, we call on the European Commission to:. The European Commission has demonstrated an ambition in its Health and Care Communication to facilitate free flow of health data including Electronic Health Records, genomic information for research, disease prevention and personalised care and generally to give citizens the right to access and share their health data. Access to data and interoperability are critical for the success of patient-centric care.
Digital health solutions have the potential to revolutionise how citizens manage their wellbeing and health, how patients manage their treatments day-to-day, and improve the effectiveness of health systems. Wearables, m-health medical device software, machine learning and AI applied to health, are all existing and promising answers to old health issues, spearheaded by a broader set of actors in the market.
The time has come to put these into action. This will require a shift in approach to regulation and market access, as well as regulatory scrutiny, and active efforts to create the right market conditions for the effective development of these solutions. More specifically, the European Commission should work with Member States to:. ICT is global by default and enables global value chains for every sector of the economy.
A stable, predictable and open global economy is therefore crucial. Europe needs to lead by example and strive for market access and preserve openness.
The system is however increasingly under strain and requires modernisation to adapt to the challenges of the fast-changing global economy. The increasingly digitalised economy brings new forms of challenges and forms of protectionism and market access barriers. In order to keep promoting open markets and to foster fair competition, we call on European leaders to:. We ask European leaders to:. The European Commission is involved in numerous trade negotiations covering various geographical scopes.
They should ensure that the digital ecosystem and the data that flows through it remain open to innovation and commerce globally. Digital technologies, free flow of data and e-commerce are vital to the growth and development of the global economy and we therefore call on European leaders to:. Simplification and modernisation of international trade procedures, such as import and export requirements, will boost trade and brings crucial socio-economic benefits to Europe. The European Customs Union is a cornerstone of the European Single Market and plays an important role in the facilitation of trade.
In order to offer better access for consumers and businesses to digital goods and services across Europe, and to lead by example globally, we call on European leaders to:. Furthermore, the OECD should be given the time to complete its work as scheduled, in National governments should be careful not to fall in the trap of agreeing to impose short-term, globally different taxes such as digital services tax based on gross revenues or targeted to one particular sector of the economy: this amounts to deciding to deliberately harm the competitiveness of the EU and risk retaliation measures from other countries.
Making legally binding agreements beforehand at the EU level would trap the EU to a hastily made legislation, unable to be edited based on the final recommendations of the OECD and changes in business models during the up-coming years. In shaping future rules, due regard should be given to the following two considerations:.
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Build a strong European Union by strengthening the Single Market without regulatory fragmentation The creation of the European Single Market is one of the most ambitious European projects and a pillar of the European Union. Revise the New Legislative Framework and ensure effective Market Surveillance Product compliance in the EU risks becoming more burdensome with every legislative revision.
Concretely we ask the European leaders to: Revise the NLF, focusing on updating it by modernising and simplifying compliance procedures, e.
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The main objective has to be that existing legislation fosters a high-level of compliance and creates a level-playing field that diligent manufacturers can take full advantage of while rogue traders and free-riders are decisively discouraged. We therefore call on European leaders to: Set up a task force to save the unique European System of Harmonised Standards. The paper shows that the goal of the patent unification project in Europe has undergone a transformation from the early vague ideals propelled by Council of Europe in , to the adoption of the EPC as a temporary defensive move against transatlantic expansion in Europe pending realization of a fully integrated system to serve the market oriented goals of the European Union.
Retrospectively, the critical turning point is the creation of the European Patent Organization, an autonomous international organization with a pivotal role in the administration and grant of European patents, yet legally detached from the EU. From thereon, the Union has struggled to formulate a coherent model for integration. For a critique see Reichman and Dreyfuss ; Maskus ; Drahos There have been numerous articles dissecting the many defects of the UPC, notably see Ullrich ; Hilty et al.
The spectrum of alternative proposals ranges from abolition of national patent offices and jurisdiction of national courts to dismantlement of the EPC and full integration of the EPO into the European Union: Di Cataldo ; Van Pottelsberghe The outcome of these efforts was the adoption of the Paris Convention for the Protection of Industrial Property signed on 20 March See Von Holstein Von Holstein at Spencer Spencer explains that the Agreement was signed on 31 May Adopted on 5 May On the extensive discussions which took place at the first session of the Council on how to foster economic growth, see Powell The proposal was put forward by M.
Longchambon on behalf of the Committee on Economic questions. Austria, Denmark, Norway, Portugal, Sweden, Switzerland, and the United Kingdom who decided to join together in the EFTA to strengthen their future bargaining power in establishing the wider free trade area. A similar unifying vision is still shared by leading economists of the European Patent system today, for instance Guellec and van Pottelsberghe de la Potterie See Wadlow , op. Some commentators have suggested that this was because the proposal was ahead of its time but compared to subsequent proposals the proposal is minimalist in the extreme.
Committee of Ministers Report to Parliamentary Assembly 4th session. Heckscher regarding the work of the Cttee of Experts on Patents, at p.
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Resolution 49 on the examination of patent applications for novelty and resolution 50 on a uniform system of patent classification and 52 51 on the plan of future work for the CEP. Also cited in Doc. CETS No. For a detailed discussion see Wadlow Article 1 of the Strasbourg Convention provides that in the Contracting States, patents shall be granted for any inventions which are susceptible of industrial application, which are new and which involve an inventive step.
An invention which does not comply with these conditions shall not be the subject of a valid patent. Sixty years later, hard copies of the confidential records may be accessed by researchers in selected repositories but few have been digitalized. See Ullrich The officials mentioned were Mr. Veldkamp Netherlands and Mr. Strauss Germany. BAC The meeting was convened by Mr.
See von der Groeben, H. National Press Club. Washington DC, 11 June Spencer at According to Bossung, this was certainly the view of Kurt Haertel, chairman of the EEC working group on patents, at See Preamble of Avant-Projet. In a confidential note dated 22 July , the UK ambassador, C. At that point in time, the UK indicated that it had concerns about bifurcation and was in favour of branches of the EPO being established in different patent offices in Europe. See Neumeyer According to Bossung, for these reasons, the work of the group remained confidential and largely forgotten today.
The working group delivered a report that was considered by the Council on 7 February The grounds for the refusal were that the discussions involved parties outside the EEC and also would create a precedent. The EEC working group was led my M. Haertel and reported back to the Comite des Representants Permanents on 29 January in doc. The intergovernmental group was led by M. And regional Treaty within the meaning of Art. Article 52 1 : European patents shall be granted for any inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application.
On the genesis of Arts. Or from Arts. See Bossung, op. For a critique of the political underpinnings of patent unification in Europe see for instance, Schneider Supra note My translation and emphasis.