Posts Tagged ‘European Commission’

State aid modernisation – new draft GBER published for consultation

Thursday, May 9th, 2013

As part of its state aid modernisation drive, the European Commission has published a new consultation draft of the General Block Exemption Regulation (GBER) which runs until 28 June 2013. One of the key aims of reform in this area is to simplify and clarify the existing state aid rules and extend the scope of the GBER to reduce administrative burdens. Given the complexity of state aid law, such aims are clearly laudable.

One interesting feature is a new exemption permitting support for the construction or upgrade of research infrastructures which perform economic activities. This can perhaps be seen as an attempt to mitigate the effects of the recent Leipzig Halle judgment – at any rate, in this economically important sector.

We can expect to see increased investment in this area as central and local government seeks to attract large and small research organisations to assist economic growth. That being so, providing public bodies with the flexibility to support such growth can only be a positive step.

Posted by Alex Kynoch, who specialises in public procurement and local authority law; state aid, projects and complex commercial contracts including PFI.

Alex Kynoch

Alex Kynoch
0115 976 6528
alex.kynoch@brownejacobson.com

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Posted in Competition, Further Education, Government, Local Authorities, NHS, Procurement, Projects & partnerships, Public Sector | No Comments »

Air pollution judgment could cause EU/UK shake-up

Monday, March 4th, 2013

A Supreme Court case this week, dubbed one of the most important so far this century, could potentially decide who controls British environmental legislation. The case pits the European Commission against the national courts as to whether the Commission has sole responsibility when there is a breach of legislation originating from Brussels or whether the national courts have a role to play.

The case centres around the issue of air pollution. Air pollution has for a long time been regulated from Brussels, however a number of governments have failed to implement EU directives or meet targets. The Government intends to water down EU environmental legislation which David Cameron has said has ‘gone too far’.

This case could be dangerous for our environment, an area where the UK population largely in fact approve of EU intervention, and to uphold the principle that enforcement should be left to the EU alone could have significant consequences for both our environment and the health of all Britons.

Dmitrije Sirovica

Dmitrije Sirovica
0115 976 6238
dsirovica@brownejacobson.com

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Posted in Government, Health, Regulatory | No Comments »

Court Dismisses AstraZeneca Appeal against Abuse of Dominance

Friday, December 7th, 2012

The Court of Justice of the European Union (CJEU) has dismissed AstraZeneca’s appeal against finding of abuse of dominance.

The Commission’s decision in 2005, for which AstraZeneca was fined €60 million, stemmed from two abuses relating to its patented Losec product used to treat ulcers, in which it had:

  1. made deliberately misleading representations to various patent offices to extend the scope of its Supplementary Protection Certificates (thereby extending the duration of its patent monopoly); and
  2. submitted requests for deregulation of Losec, in various countries, to combat parallel trade and keep generic equivalents off the market.

 Upholding the Commission’s decision, the CJEU reminds us that EU law prohibits a dominant undertaking from eliminating a competitor (and thereby strengthening its position) by using methods other than competition on the merits.

This ruling, with the swinging fine imposed, provides a salutary lesson to dominant businesses. Such undertakings must observe standards that go beyond the ostensibly lawful; competition law will step in when the IP system is abused.

Posted by Richard Roberts, who specialises in intellectual property law including patents, copyright, trade marks, passing off, designs and breach of confidence; regular speaker on IP issues.

Richard Roberts

Richard Roberts
0115 976 6199
rroberts@brownejacobson.com

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Posted in Competition, Health, Intellectual Property, Regulatory, Technology | No Comments »

Commission launches a major initiative to modernise state aid control

Thursday, May 10th, 2012

The European Commission has launched a major initiative to reform and modernise state aid control. 
The key elements are:

  • state aid control must support sustainable growth by discouraging aid that doesn’t bring added-value and distorts competition. The Commission will develop common principles for assessing national projects and will revise some existing texts
  • state aid enforcement must focus on cases with the biggest impact, ensuring stronger scrutiny of larger aid, enquiries by sector and simplification of exemptions, especially the General Block Exemption Regulation – but Member States must improve submission quality and compliance with EU law
  • streamlined procedures for quicker decisions and rules and concepts will be better explained.

State aid rules are notoriously complex and difficult to grasp. This review has unsurprisingly been triggered by European economic difficulties; anything which makes the regime simpler and more efficient has to be welcomed. However, the reform package won’t be in place until the end of 2013 at the earliest. It may be too little, too late.

Posted by Sharon Jones, specialising in: joint ventures, complex commercial agreements, projects and competition law including public procurement, state aid;clients: local authority, health, governmental, private sector bodies.

Sharon Jones

Sharon Jones
0115 976 6284
sjones@brownejacobson.com

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Posted in Public Sector, Regulatory | No Comments »

Creating a more “cloud-friendly” Europe

Monday, January 30th, 2012

At the World Economic Forum recently Neelie Kroes announced the setting up of the “Cloud Partnership”.

With it she announced a policy to increase the uptake of cloud computing throughout Europe through the creation of common standards and regulation, together with an initial investment of Euro 10 Million from the European Commission to make it happen.

Personally I’m always a little concerned by announcements to boost the economy through greater regulation. If however the policy results in greater uptake of cloud computing by the public sector (whether through true “public” clouds or through the greater use of “private” clouds), as common standards are agreed and accepted then there is a real chance of (much-needed) cost savings, which must be welcome.

Let’s hope an agreement on standards can be reached more quickly than agreement on the debt crisis, even if it does involve putting up with unnecessary repeated references by politicians to becoming “not just Cloud friendly but Cloud active”.

Posted by Richard Nicholas, who specialises in commercial, IT and outsourcing agreements, complex projects for private and public sector clients, collaboration, distribution & agency contracts, e-commerce and consumer law.

Richard Nicholas

Richard Nicholas
0121 237 3992
rnicholas@brownejacobson.com

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Posted in Commercial contracts, Consumer contracts, Government bodies, IT Contracts, Outsourcing, Public Sector | No Comments »

Bullish decision by ECJ on trade mark infringements

Friday, December 16th, 2011

The ECJ ruling in Frisdranken Industrie Winters BV v Red Bull GmbH may make it harder to enforce trade mark rights against “behind the scenes” service providers who participate in the production of infringing goods.

Winters, a Dutch company, filled cans branded with names like “Bullfighter” and “Pitbull” with soft drink mix. The cans were produced by Smart Drinks, who then sold the finished products. As Smart Drinks were registered in the British Virgin Islands, Red Bull sued Winter for infringement of its Benelux trade mark.

The ECJ ruled that service providers would not infringe trade marks when executing a technical part of the production process of the final product where they had no interest in their external presentation. Winter created the technical conditions for Smart Drinks to use the products, but did not use the products themselves.

This position is likely to be controversial. The European Commission noted that this may allow producers to avoid enforcement by dividing the production process amongst such service providers.

Dave Drew

Dave Drew
0115 976 6226
ddrew@brownejacobson.com

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Posted in Intellectual Property | No Comments »

Cheaper EU patent protection, but at a cost?

Friday, December 17th, 2010

National validation and translation costs currently make the cost of obtaining a patent in Europe around ten times as expensive as obtaining a patent in the USA. In the absence of agreement on proposals for a single EU patent, and in a bid to make the application process cheaper, the European Commission this week presented a proposal for ‘enhanced cooperation’ between some member states. Under the proposal, EU applicants not using English, French or German as their home language can file applications in any other official language of the EU, with the applicant then being reimbursed for the cost of translation into English, French or German. Applicant’s inventions would be protected in all countries participating in the scheme.
Whilst enhanced cooperation may go someway towards reducing costs of applying for patent protection in the EU, this halfway-house measure is likely to detract from the ultimate aim for a fully single European patent.

Posted by Emma Tuck, who specialises in Intellectual property disputes relating to patents, trade marks, designs and copyright; non-contentious intellectual property matters including advising on licensing, assignment, confidentiality and collaboration agreements

Emma Tuck

Emma Tuck
0121 237 3908
etuck@brownejacobson.com

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Posted in Intellectual Property | No Comments »