European law

Infringement of merger regulationThe European Commission imposed a fine of 50,000 euros (around 30,000) on each of two parties for failing to supply relevant information when notifying a proposed merger to it, and for making manifestly incorrect statements.

The supply of wrong information had, at the very least, been grossly negligent (Decision 2000/291/EC, Case IV/M.1543 - Sanofi/Synthlabo, OJ L 95, 15 April 2000, pages 34 to 38).

It noted that the Merger Regulation made no provision for exemption in respect of de minimis matters, so parties should notify turnover in a market even when it is small.World Intellectual Property Organisation (WIPO): copyrightThe WIPO Copyright Treaty has been approved on behalf of the Community by Council Decision 2000/278/EC, OJ L 89, 11 April 2000, pages 6-7.

The treaty is appended with agreed statements at ibid, pages 9 to 14.

It introduces new rules and clarifies some existing ones, but does not detract from obligations under the Berne Convention (Paris Act of 24 July 1971).

It provides for the protection of computer programs as literary works, and the protection of compilations of data or other material which, by reason of selection or arrangement of contents, constitute intellectual creations (such protection does not extend to the data or material itself); cf.

Article 2 of the Berne Convention.

Authors of literary and artistic works will enjoy exclusive rights of publishing the original and copies through sale or other transfer of ownership.

Authors of computer programs, cinemato-graph works and works embodied in phonograms have certain rights of rental.

Authors of literary and artistic works will enjoy the exclusive right of authorising communication of their works by wire or wireless.Certain rights of authors of literary and artistic works under the treaty may be restricted by national legislation.

Contracting parties will have to provide adequate legal protection against circumvention of effective technological measures used by authors (in connection with their rights under the treaty and the Berne Convention) that restrict unauthorised acts in connection with their works; also to provide legal protection in support of the management of rights under the treaty and the Berne Convention.The first of the agreed statements attached to the treaty notes that the reproduction right under Article 9 of the Berne Convention applies to the use of works in digital form; the storage of a protected work in digital form constitutes a reproduction within the meaning of Article 9.Performances and phonogramsDecision 2000/278/EC also formally adopts the WIPO Performances and Phonograms Treaty (text and agreed statements at OJ L 89, 11 April 2000, pages 16-23).

The treaty introduces new rules, but does not detract from obligations under the Rome Convention on the protection of performers, producers of phonograms and broadcasting organisations 1961.

It makes provision for the rights of performers and those of producers of phonograms.

Exclusive rights must be allowed to non-nationals of other contracting parties on the same basis as that on which they are allowed to a contracting party's own nationals.

Common provisions in the treaty provide for rights of remuneration for broadcasting and publishing, and a term of protection (50 years).

As with the copyright treaty, contracting parties must provide adequate legal protection to support rights granted under the treaty and the management of rights.

The declaration at OJ C 103, 11 April 2000, page 1 makes clear that ratifications on behalf of the Community and the member states of both treaties should be deposited at the same time.

by Paul Niekirk, barrister