The European Union (EU) has declared 2009 the European Year of Creativity and Innovation. This aims to highlight and emphasize the significance of intellectual creation for personal, social, and economic development. Consequently, intellectual property law is also to be further developed in 2009. According to the Federal Ministry of Justice, the following projects are planned for 2009:
- The Federal Minister of Justice (BMJ) is hosting an international copyright conference in Berlin on May 7 and 8, 2009. The event aims to provide impetus for further legal policy discussions in the field of copyright at national, European, and international levels. It will offer a platform for the convergence of academia, politics, and industry.
- With the “Second Basket” of copyright reform and the “Enforcement Act,” questions concerning copyright in the digital age have recently been resolved. The German Bundestag and the Bundesrat have requested an examination of whether further reform is needed in other areas, such as copyright and science, or the trade in used software. The Federal Ministry of Justice will initiate a written consultation process on this matter. Furthermore, it will continue the dialogue on “Creative Content Online,” particularly regarding the enforcement of intellectual property rights on the internet, with the stakeholders.
- The Federal Minister of Justice will take up therecommendations of the Enquete Commission “Culture in Germany”regarding collecting societies. Collecting societies ensure that creators are adequately remunerated for the use of their works. Specifically, it will be examined to what extent the democratic participation of creators in the decisions of their collecting society can be optimized and transparency generally increased.
- The Federal Minister of Justice will continue to advocate for the continuation of European harmonization where the BMJ deems it sensible and necessary – for example, through a uniform regulation of private copying and a right for authors to receive appropriate remuneration. The framework conditions for collecting societies should also be defined at the European level.
- The Patent Law Modernization Act will be introduced. Court proceedings can be expedited in the future, and patent registration will be simplified. In employee invention law, procedural regulations will be modernized, and superfluous or inexpedient provisions will be repealed. The draft law passed the Bundesrat on november 28, 2008, and is expected to be debated in the German Bundestag from January 2009.
- The German Federal Government intends to intensify its efforts for a European patent system that is more cost-effective, provides greater legal certainty across borders, and ensures high-quality intellectual property rights.
Furthermore, the competition “The Idea” seeks associations, companies, and individuals who have particularly championed the protection of intellectual property. In the student competition “Love of Ideas”, students from 8th to 10th grades are invited to engage with the topic of intellectual property.
Further information on the European Year of Creativity and Innovation can be found at: http://www.create2009.europa.eu/
Goldberg Attorneys at Law, Wuppertal-Solingen 2008
Attorney at Law Michael Ullrich, LL.M.(Information Law)
m.ullrich@goldberg.de
