[GSDI Legal Econ] GI Policies in Norway and England: Are they within the Spirit of Recent EU Directives?

[Kate Lance]

Article under Review for the International Journal of Spatial Data Infrastructures Research, http://ijsdir.jrc.it/, submitted 2007-10-01
http://ijsdir.jrc.it/articles_under_review/giff_etal.pdf
GI Policies in Norway and England: Are they within the Spirit of Recent EU Directives?
G. Giff, B. van Loenen and J. Zevenbergen
The paper presents an overview of the policies governing access to GI in Norway and England. This overview is followed by an analysis of these policies to determine whether or not they are within the letter and spirit of EU Directives governing access to GI.
 
"In general, the access policies of Norway comply with the letter of the laws of the two most recent European Directives governing access to GI. In fact, Norway deserves high marks when it comes to adhering to the laws on sharing (p.18). [...] There are however cases where complying with the letter of the laws are in doubt, specifically on the issue of reuse."
 
"In terms of compliance with the letter of the laws the English access policies do comply in most case but only because there are exemptions when the laws are within conflict of the regulations of Member States. If it were not for these exemptions the access policies of England would tend to fall short in compliance with both the INSPIRE and the PSI Directives (p.18)."
 
"Although the majority of the policies reviewed were within the letter of the Directives, when analysed in terms of the spirit of the Directives, the policies of both countries did fall short in adhering to the spirit of the laws (p.21)."


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