Brussels, 11/01/2006 (Agence Europe) - In application of Article 228 of the Treaty, the European Commission sent reasoned opinions to France and Luxembourg on Tuesday inviting them to transpose the legislation on the protection of copyright and biotechnological inventions into their legislation. If these two countries do not take such action, they will be exposed to possible disciplinary measures.
Still not in line with a previous Court of Justice ruling on failure to transpose the 2001 directive on copyright, Paris thus receives an additional reasoned opinion. According to the directive, the Member Sates must ensure adequate protection against piracy or the neutralisation of anti-copy protection of digital publications. According to the Commission, transposition of these provisions into internal law is all the more urgent as they allow Member States to implement “Internet treaties” of the World Intellectual Property Organisation (WIPO).
Furthermore, Luxembourg has been invited to immediately come into line with a Court of Justice ruling calling for the transposition into national legislation of the provisions of Directive 98/44EC on the legal protection of biotechnology inventions. These provisions, which were to be transposed on 30 July 2000 at the latest, aim to clarify certain principles of the law on patents applying to biotech inventions, in line with ethical standards.