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“Turning Government Data Into Gold”: The Interface Between EU Competition Law and the Public Sector Information Directive—With Some Comments on the Compass Case

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“Method for Breeding Tomatoes/Israel” : European Patent Convention, Art. 53(b)

“Offer for Sale” : Patent Act 2(3)(i) – Nidec Co. Ltd. v. Samsung Electro-Mechanics

“Late-Filed Experimental Results” : Patent Act, Sec. 29(2) – The Procter & Gamble Co. Ltd. v. Carl J. Roof

“Remuneration Scheme for Private Copying” : Intellectual Property Code, Sec. L.311-5, L.311-8; Act on Private Copying No. 2011-1898 of 20 December 2011 – Canal + Distribution et al., SIMAVELEC; SIMAVELEC

“Endstra Tapes” : Copyright Act (Auteurswet 1912), Arts. 1, 10 – Endstra’s Sons v. Middelburg, Vugts and Nieuw Amsterdam

“Plain Packaging” : Constitution of the Commonwealth of Australia, Sec. 51(xxxi); Tobacco Plain Packaging Act 2011 – JT International SA v. Commonwealth of Australia and British American Tobacco Australasia Limited v. The Commonwealth

“PROTI” : First Council Directive of 21 December 1988 to Approximate the Laws of the Member States Relating to Trade Marks (89/104/EEC), Art. 10(1) and (2)(a); The Charter of Fundamental Rights of the European Union, Art. 17(2); Paris Convention for the Protection of Industrial Property, Art. 5.C(2); Trade Mark Act, Sec. 26(3), First and Second Sentence; German Constitution, Art. 14

“Perfume Stick” (Stiftparfüm) : Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on Certain Legal Aspects of Information Society Services, in Particular Electronic Commerce, in the Internal Market, Arts. 14(1), 15(1); Trade Mark Act, Sec. 14(2); Telemedia Act, Secs. 7(2), 10; Enforcement Directive 2004/48/EC, Art. 11

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“Turning Government Data Into Gold”: The Interface Between EU Competition Law and the Public Sector Information Directive—With Some Comments on the Compass Case

Content Provider	Springer Nature Link
Author	Lundqvist, Björn
Copyright Year	2013
Abstract	This short article was triggered by the recently delivered preliminary ruling by the CJEU in the Compass case. The case is important since it raises difficult questions regarding when a public sector body should benefit from the application of EU competition law in general and is especially interesting for those public sector bodies that create the essential information needed for the growing public sector information industry. The main issue discussed in the article is when public sector bodies should be considered “undertakings” under EU competition law. The substantive issue of the case is whether the specific conduct under scrutiny, i.e. the distribution of public sector information for remuneration, is an economic activity or not. In light of the Compass case, the author argues that the underlying doctrine, derived from quite a number of CJEU cases, needs to be narrowed down and tightened so that public sector bodies are only exempted and considered as not conducting economic activities when the scrutinized activity truly constitutes an essential function of the state. The CJEU should thereby refine the current case law regarding the dichotomy between undertakings, which benefit from the application of competition law, and public or private bodies that perform acts of sovereign public power and connected conduct, which do not. EU competition law should prevail if a public sector body or a private body conducts an activity that creates or is conducted on a market, irrespective of whether that body simultaneously conducts a public task, as long as it is not an exercise of public power.
Starting Page	79
Ending Page	95
Page Count	17
File Format	PDF
ISSN	00189855
Journal	IIC - International Review of Intellectual Property and Competition Law
Volume Number	44
Issue Number	1
e-ISSN	21950237
Language	English
Publisher	Springer-Verlag
Publisher Date	2013-01-26
Publisher Place	Berlin, Heidelberg
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Compass case International IT and Media Law, Intellectual Property Law PSI EU competition law Public sector information Undertaking
Content Type	Text
Resource Type	Article
Subject	Political Science and International Relations Law

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
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3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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