---------- Forwarded message ---------- From: at <[email protected]> Date: Wed, Mar 30, 2011 at 8:36 PM Subject: [fcf_discussion] FFII submission of the Enforcement Directive Consultation To: [email protected] Startup companies and the IP playing field March 30, 2011 By Ante http://acta.ffii.org/wordpress/?p=587 FFII response to the Consultation on the Commission Report on the enforcement of intellectual property rights (Also available as pdf) March 2011 Summary We would like to thank the European Commission for this opportunity to provide feedback on the Report. To stimulate startup companies, the EU legal situation should minimize market entrance risks for innovators. Startup companies are often confronted with patent minefields. Even a mere allegation of infringement may easily lead to market exclusion. Startup companies often do not have enough resources to litigate. Established players in late stages of their own market life cycle may abuse the patent system to stifle entrants and emerging competitors, patent trolls drain market entrants in a phase where they want to grow. Care has to be taken that provisional injunctions do not lower the burden of proof. Damages beyond the actual prejudice should be avoided as they have a disproportional negative effect on startup companies, which do not have deep pockets. The Commission should offer safeguards to prevent enforcement abuse, strengthen legal definitions and clarify the law. EU legislation needs measures to ensure a fair balance between startups and established companies. EU legislation needs dissuasive measures against abuse by patent trolls. Risk reduction for startups is key to improve investment conditions. The actual needs of innovators should be in the center. The European system of fixed copyright flexibilities is not flexible enough in a rapidly changing world. The EU should introduce a fair use system. Many existing flexibilities should be made mandatory. A reverse Berne’s Three-Step Test could provide a solution for many problems in the copyright field. The Anti-Counterfeiting Trade Agreement may cause a fait accompli. In order to prevent a fait accompli, the FFII supports withholding consent on ACTA. more: http://acta.ffii.org/wordpress/?p=587 _______________________________________________ bxl mailing list [email protected] https://lists.ffii.org/mailman/listinfo/bxl ----- +info http://list.fcforum.net/wws/info/fcforum_discussion ---- -- P2P Foundation: http://p2pfoundation.net - http://blog.p2pfoundation.net Connect: http://p2pfoundation.ning.com; Discuss: http://lists.ourproject.org/cgi-bin/mailman/listinfo/p2p-foundation Updates: http://del.icio.us/mbauwens; http://friendfeed.com/mbauwens; http://twitter.com/mbauwens; http://www.facebook.com/mbauwens