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Begin New Search Topic Intellectual Property/Copyright Political Geography Europe

1. Economic arguments in favour of reducing copyright protection for generative AI inputs and outputs

Author:
Bertin Martens
Publication Date:
04-2024
Content Type:
Working Paper
Institution:
Bruegel
Abstract:
Generative artificial intelligence (GenAI) models have stirred considerable controversy about copyright protection for AI training inputs and model outputs. The European Union’s AI Act will require model developers to be transparent about their use of training inputs such as text, images and music. The EU Copyright Directive allows free text and data mining of these media inputs unless copyright holders have opted out and want license payments. The right to opt-out amounts to economically inefficient overprotection of copyright. Free use of media content for GenAI training does not affect media sales to consumers. Optouts only strengthen the bargaining position of copyright holders, who decide depending on their private interests. That generates windfall profits without any increase in consumer surplus or social welfare. The licensing of training inputs reduces the quantity of data and the quality of GenAI models, creates transaction costs and reduces competition between GenAI firms. This slows down GenAI-induced innovation in media products and production processes, and productivity gains in all service sectors that apply GenAI. Ultimately, it slows down economic growth compared to what it could be with competitive and high-quality GenAI. Bargaining over license pricing is arbitrary as there is no objective revenue benchmark to start from. Defenders of the moral right to remuneration argue that any arbitrary remuneration is better than no remuneration. But this private moral right comes at the expense of social welfare. The ongoing bargaining and court cases between media producers and GenAI developers risk entrenching this market failure in jurisprudence. Early regulatory intervention and elimination of opt-outs for GenAI training, or weakening them in AI Act implementation guidelines, would solve this. There is no need for copyright on GenAI outputs either. GenAI reduces the marginal cost of machine-production of media outputs to close to zero, on par with the marginal cost of reproduction. That eliminates incentives for piracy. Moreover, composite human-machine outputs benefit from a de-facto extension of copyright on the human component.
Topic:
Science and Technology, Intellectual Property/Copyright, European Union, Regulation, Economic Growth, and Artificial Intelligence
Political Geography:
Europe

2. The Western Innovators of the Mobile Revolution: The Data on Global Royalty Flows to U.S. and Europe and Why It Matters

Author:
Adam Mossoff
Publication Date:
01-2024
Content Type:
Policy Brief
Institution:
Hudson Institute
Abstract:
The mobile revolution has radically altered our world in ways that were imagined only as science fiction a mere thirty years ago. Western innovators launched this revolution in creating its foundational telecommunications technologies; thus, it is unsurprising that private companies in the United States and Europe receive payments for the use of their telecommunications technologies, which is compensation for the billions in investments and decades of research and development of these inventions. The majority of the commercial implementers—the companies that make and sell consumer products that use these telecommunications technologies like smartphones or connected cars—are in Asia. China in particular has an increasingly growing share of these implementers across all sectors of the global innovation economy. This explains in part China’s domestic industrial policies that seek to lower the royalties paid by its national companies like Huawei or Oppo. Evidence-based policymaking should guide U.S. and European laws and regulations. Data confirm the critical role of reliable and effective patent rights, the rule of law, and courts using due process to resolve disputes have been essential for Western innovators creating the modern world—and will drive the technologies of tomorrow in the internet of things (IoT) and artificial intelligence (AI).
Topic:
Science and Technology, Intellectual Property/Copyright, Innovation, and Telecommunications
Political Geography:
China, Europe, and United States of America

3. Weaponizing Privacy and Copyright Law for Censorship

Author:
Courtney C. Radsch
Publication Date:
05-2023
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
Freedom of the press is facing growing restrictions from technology policies that censor the media under the guise of protecting privacy. US and European copyright and privacy laws transcend borders and affect how news media can operate globally. Fundamental journalistic practices such as the ability to claim fair use and conduct investigative reporting in the public interest are under threat. This paper examines the global impact of techno-legal regimes such as the US Digital Millennium Copyright Act and the EU Directive on Copyright in the Digital Single Market (Copyright Directive), and the “right to be forgotten” and the EU General Data Protection Regulation. The misuse of regulations developed in the Global North is particularly detrimental to media outlets in the Global South, which regularly face censorship. This paper offers solutions to protect news media from the silencing efforts of powerful government and business actors.
Topic:
Intellectual Property/Copyright, Governance, Privacy, Internet, Journalism, Censorship, and Freedom of Press
Political Geography:
Europe and United States of America

4. Strategic Autonomy and Long-term Innovation Competitiveness: On the Importance of Intellectual Property Rights for the Production of High-Value Medicines in the EU

Author:
Matthias Bauer
Publication Date:
02-2022
Content Type:
Working Paper
Institution:
European Centre for International Political Economy (ECIPE)
Abstract:
Europe’s political leaders have in recent months called for “European industrial autonomy”. Notions of dependency, sovereignty and resilience are now also referred to in policy proposals targeted at pharmaceutical companies, with “strategic autonomy” being the ultimate political ambition. The precise meaning of strategic autonomy in biopharmaceutical industries remains yet to be defined, although the current Pharmaceutical Strategy only refers to “open strategic autonomy” in the context of dependencies and supply chains. This is regrettable, as it does not take into account the importance of strategic research and innovation autonomy, allowing the EU to ensure a high degree of autonomy in innovative medicines and therapies. Current policy conceptions fail to account for businesses’ long-term international innovation competitiveness and Europe’s capability to attract investments in pharmaceutical research and cutting-edge production technologies. Present conceptions of strategic autonomy of Europe’s pharmaceutical industry disregard the fact that the EU is substantially lagging the USA and, increasingly, other parts of the word in pharmaceutical innovation. Clinical trials’ pipeline data shows that, in the future, EU Member States will very likely become increasingly dependent on innovative medicines that are temporarily protected by patents and market exclusivity rights held by non-EU rights holders in many therapeutic areas. This gives some urgency to Commission President von der Leyen ensuring that the European industry remains an “innovator” and “world leader” (Mission Letter by Commission President von der Leyen to Commissioner Kyriakides). The European Commission’s current understanding of sovereignty in pharmaceutical industries centres around one core theme: the reduction of dependencies from pharmaceutical suppliers outside the EU. At the same time, in an effort to achieve equitable access to affordable medicines and to foster research into unmet medical needs, it considers changes in the incentive structure for research in medicines for children and rare diseases, and new obligations for companies to achieve a more equitable access to medicines across Member States. While these objectives are generally merited, the Commission has established a narrow perspective about a concept that is aiming for ambitious long-term achievements for Europe’s pharmaceutical industry. The industry’s future innovation competitiveness and the capacity to develop and produce high value-added medicines, which should be at the core of any concept of long-term autonomy, have largely been ignored.
Topic:
Intellectual Property/Copyright, European Union, Innovation, Medicine, Strategic Autonomy, and Economic Competition
Political Geography:
Europe

5. Difficult Debate on an Intellectual Property Protection Waiver to Fight COVID-19

Author:
Szymon Zaręba
Publication Date:
01-2022
Content Type:
Special Report
Institution:
The Polish Institute of International Affairs
Abstract:
The negotiations currently taking place at the WTO on the suspension of, among others, patent protection for vaccines and medicines against COVID-19, are at a standstill. This creates a risk of widening the rift between developing countries, which mostly support the idea, and some developed countries, which oppose it. It also makes it more difficult to increase the supply of patented items, particularly of vaccines, to an extent undermining other efforts by countries and international organisations to contain the pandemic. It is in the interest of Poland and the EU to overcome this impasse.
Topic:
Intellectual Property/Copyright, European Union, Vaccine, COVID-19, and WTO
Political Geography:
Europe, Poland, and Global Focus

6. Breaches of Academic Integrity in Ukraine: Issues on Copyrights Disposal

Author:
Alla Smorodyna
Publication Date:
03-2019
Content Type:
Journal Article
Journal:
Studies of Changing Societies Journal (SCS)
Institution:
Studies of Changing Societies Journal (SCS)
Abstract:
First part of this paper reviews how Ukrainian law regulates creation, disposal and transfer of the intellectual property rights on educational literary works (books, textbooks, study guidelines etc.) produced by the academics employed in Ukrainian Higher Educational Institutions (so called HEIs). Economic intellectual property rights on such works may belong to the academic, to the University or to them jointly. It is proved that academics enjoy with moral intellectual property rights and are keeping such rights not depending on the fact of transfer of the economic intellectual property rights. Second part of this paper reviews issues on regulation and application of the principles of academic integrity to the academics from the perspective of Ukrainian law. As a result it is studied the consequences of breach of academic integrity principles and its co- relation with copyright infringement.
Topic:
Intellectual Property/Copyright, Law, Higher Education, and Academic Integrity
Political Geography:
Europe and Ukraine

7. America's Voluntary Standards System--A "Best Practice" Model for Innovation Policy?

Author:
Dieter Ernst
Publication Date:
02-2012
Content Type:
Working Paper
Institution:
East-West Center
Abstract:
For its proponents, America's voluntary standards system is a "best practice" model for innovation policy. Foreign observers however are concerned about possible drawbacks of a standards system that is largely driven by the private sector. There are doubts, especially in Europe and China, whether the American system can balance public and private interests in times of extraordinary national and global challenges to innovation.
Topic:
Development, Globalization, Industrial Policy, International Trade and Finance, Science and Technology, Intellectual Property/Copyright, and Governance
Political Geography:
China, America, and Europe

8. "Protectors of Privacy: Regulating Personal Data in the Global Economy" by Abraham L. Newman

Author:
Judith Wagner DeCew
Publication Date:
05-2011
Content Type:
Journal Article
Abstract:
Abraham Newman has written a thoughtful and provocative book about the protection of privacy and how it has evolved in two dramatically different ways in the European Union and the United States over the past 50 years.
Topic:
Intellectual Property/Copyright
Political Geography:
United States and Europe

9. Balancing Diversity and Efficiency in the EU's Language Regime: E Pluribus Tres for the EU Patent?

Author:
Stephanie Locatelli
Publication Date:
08-2010
Content Type:
Working Paper
Institution:
Istituto Affari Internazionali
Abstract:
Recently, the European Commission has breathed new life into the decade-long attempt to create a patent that would protect inventors throughout the European Union with a proposal making English, French, and German the sole languages of the EU patent. This would reduce the cost of patenting, thereby stimulating research and development within the EU. But the EU-wide patent has reached an impasse as member states struggle with the question of which languages should be used. Italy in particular has opposed the exclusion of Italian, raising more general questions about the language regime in the European Union. Are diversity and efficiency mutually exclusive, or is there a formula that can satisfy both criteria? It appears, in the end, that the Commission's proposal is the most effective way of cutting costs while at the same time preserving the multilingual character of the EU. For Italy, however, the question of trilingualism in the patent system has become a kind of litmus test of its rank within the EU.
Topic:
International Trade and Finance, Treaties and Agreements, and Intellectual Property/Copyright
Political Geography:
Europe, France, and Germany