EU Economic Law in a Time of Crisis
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EU Economic Law in a Time of Crisis

Edited by Harri Kalimo and Max S. Jansson

How has the EU’s economic crisis affected the development of economic law in the Union? This book contributes to the debate by examining EU economic law from a contextual and policy-oriented perspective. The expert authors explore areas such as the EMU and the internal market, and emphasize the important fields of public procurement, taxation, and intellectual property rights. The investigation proceeds along themes such as harmonization, institutional interplay, non-economic values, and international actions. The authors conclude that, during the crisis, the attention of the Barroso Commission focused quite narrowly on the most urgent problems, failing to consider longer-term issues to spark off bold policy endeavours, and break inter-institutional blockages.
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Chapter 11: EU intellectual property rights law – driving innovation or stifling the Digital Single Market?

Harri Kalimo, Kaisa Olkkonen and Jari Vaario


Chapter 11 of the book offers insights into European intellectual property rights policies. Kaisa Olkkonen and Jari Vaario, senior corporate figures with years of first hand experience on IPRs, with Harri Kalimo, Professor at the Institute for European Studies (IES) at the Vrije Universiteit Brussel, offer three fundamental examples from the area: standard essential patents (SEPs), copyright licensing for content online and copyright levies for digital copies. The Chapter’s conclusions are somewhat negative, however: the authors assess that during Barroso II Commission, the development of the EU’s IPR policies seems to have been sluggish, and in parts even counter-productive from the perspective of Europe’s commercial interests. The crisis has given the Commission only limited leverage in persuading the Member States to push the digital agenda. The Member States seem to have become even more defensive. While the Commission may have managed to put some of the issues on the agenda, the time it took to do this entails a heavy penalty on the European market players and consumers. In the area of copyright licensing, the delay has also meant a non-economic loss on cultural diversity. Much work remains to be completed by the Juncker Commission, and constitutionally speaking the slow process at EU level has in some cases moved the frontier of policy developments to the national level.

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