Consulta pública: sobre los derechos de propiedad intelectual
Con fecha 5 de noviembre de 2014 se ha publicado en el BOE la reforma de la ley de Propiedad Intelectual:
Ley 21/2014, de 4 de noviembre, por la que se modifica el texto refundido de la Ley de Propiedad Intelectual, aprobado por Real Decreto Legislativo 1/1996, de 12 de abril, y la Ley 1/2000, de 7 de enero, de Enjuiciamiento Civil.
No obstante, independientemente de esta reforma en España, cabe señalar que la Comisión Europea tiene abierta una Consulta pública sobre propiedad intelectual en la que los europeos pueden participar:
La Comisión Europea realiza hasta día 31 de Enero de 2015 una encuesta pública sobre Propiedad Intelectual.
Es de señalar que este tipo de consultas sirven para que la Comisión tome en consideración aunque sea de forma prospectiva el parecer de los interesados.
Brussels, 14 October 2014
Patents and Standards
A modern framework for standardisation involving intellectual property rights
I. Formal aspects
Topic and objective
The objective of this consultation is to gather information and views on the interplay between standardisation and intellectual property rights (IPR) such as patents.
Standardisation is the voluntary process of developing technical specifications based on consensus among the interested parties. Standard setting takes place in the European and International Standardisation Organizations (ETSI, CEN, CENELEC, ITU, ISO, IEC) but also in other organizations and fora or consortia on national, European or international level. Many standards comprise technologies that are patent-protected. Public authorities and the standardisation community have developed rules and practices to ensure the efficient licensing of these standard-related patents.
The purpose of the present consultation is to allow stakeholders interested in standardisation involving patents, to bring to the Commission’s attention their views on
how the current framework governing standardisation involving patents performs and on
how it should evolve to ensure that standardization remains efficient and adapted to the fast-changing economic and technological environment.
The European Commission has the task of ensuring that the European Union’s internal market functions efficiently. Therefore harmonisation standards are particularly important for the EU. Furthermore, an efficiently performing standardization system is also crucial for the EU’s objectives in the areas of industrial policy, innovation, services and technological development.
Companies of all sizes, organizations, public authorities, citizens and any other interested stakeholders are welcome to contribute to this consultation.
We particularly encourage those having direct experience with standardisation involving intellectual property rights to share with us their experiences and insights. This includes those currently active in standardisation activities or planning to become active, as well as those who use standards without taking part in their formulation.
We also encourage participation of those having direct experience with
patent pools and other types of patent market intermediation
patent dispute resolution (Courts, ADR service providers, users of ADR services etc.).
Period of consultation
The consultation is open from 14 October 2014 to 31 January 2015.
Study on «Patents and Standards»
In 2013 DG Enterprise and Industry commissioned a fact-finding study on the issue of patents and standards. This fact-finding study analyses the rules and practices developed to ensure efficient licensing of standard-related patents. It also covers barriers to efficient licensing and ideas discussed among stakeholders for dealing with these barriers.
The study can be found here:
The study is useful background reading for this public consultation. The questionnaire is stand-alone and can be answered without having read the study. We encourage you to structure your reply along the modules of the public consultation document (below). Where you want to comment on aspects in the study that do not directly fit to any specific part of the questionnaire, please do so in the section that is closest to the subject matter.
How to submit your contribution
Please submit your observations by sending your contribution to the following e-mail address:
You can submit observations on all questions in this consultation or on specific sections alone. In either case, please ensure that we know to which question your answer belongs.
Please indicate clearly on your submission the following information about yourself:
- Your name or the name of the submitting organization
- Type of respondent (enterprise, association, citizen, public authority, judge/law firm, other)
- Country of residence or location of headquarters
- Your contact details including an e-mail address
In case you reply as an association, please also:
- Indicate whether you are registered in the EU Transparency Register (see below)
- State clearly whom you represent (see below)
In case you reply as an enterprise, please also indicate:
- Your main field of business activity and the field of activity related to the consultation’s topic (if not identical to the overall business activity)
- Whether your enterprise can be classified as a «small or medium sized enterprise» (SME) according to the EU definition1. In case of doubt in this regard, please make a judgement call.
Submissions that are sent unanimously will not be published nor taken into account. If you include the above information but wish that your contribution is published without this information, please submit a non-confidential, anonymized version as well.
The Commission may contact you in case a clarification regarding your submission is needed. If you do not wish to be contacted, please state this clearly in your reply.
Transparency and registering
In the interest of transparency, organisations (including, for example, NGOs, trade associations and commercial enterprises) are invited to provide the public with relevant information about themselves by registering in the Transparency Register2 and subscribing to its Code of Conduct.
If you are a Registered Organisation, please indicate the name and address of your organisation and your Register ID number on the first page of your contribution. Your contribution will then be considered as representing the views of your organisation.
If your organisation is not registered, you have the opportunity to register now. Please then return to this page to submit your contribution as a Registered Organisation.
Responses from organisations that are not registered will be published separately.
The Commission asks organisations who wish to submit comments in the context of public consultations to provide the Commission and the public at large with information about whom and what they represent. If an organisation decides not to provide this information, it is the Commission’s stated policy to list the contribution as part of the individual contributions. (Consultation Standards, see COM (2002) 704, and Communication on ETI Follow-up, see COM (2007) 127 of 21/03/2007).
Confidentiality and data protection
The replies submitted will be published after the end of the consultation period on:
Please indicate clearly at the beginning of your reply if you do not wish your contribution to be published. If you consider that certain parts of your reply are personal data or business secrets and should not be published, please submit a confidential and a non-confidential version and mark them as such prominently at their respective starts. In this case, we will only publish the version marked as non-confidential.
Please find information on the protection of your personal data on the website indicated above.
DG Enterprise and Industry
Unit A4 – Industrial Competitiveness Policy for Growth
Avenue d’Auderghem 45, 1040 Brussels, Belgium