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10th September 2021
Data, Tech & IP External Relations & Trade

Op-Ed: “Private standards, EU law and access – The General Court’s ruling in Public.Resource.Org” by Maurizia De Bellis

The General Court’s ruling in the case Public.Resource.Org and Right to Know v Commission (T-185/19, ‘Public.Resource.Org’) discloses the contradictions in the increasing public endorsement of private standards under EU law.

At the core of the judgment is the conflict between the aspiration to public accessibility of the standards − standards that, albeit set by private bodies, have gone through a ‘juridification’ process making them (close to) mandatory, as explained below − and the protection of copyright − which is at the basis of the revenue of the standard setters. On more general terms, it challenges our understanding and definition of soft law, and it shows, once again, the tendency of the EU judiciary to provide a restrict

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