[P2P-F] Fwd: [fcf_discussion] FFII submission of the Enforcement Directive Consultation

[Michel Bauwens]

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From: at <at at kein.org>
Date: Wed, Mar 30, 2011 at 8:36 PM
Subject: [fcf_discussion] FFII submission of the Enforcement Directive
Consultation
To: fcforum_discussion at list.fcforum.net


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

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