Documents considered by the Committee on 28 October 2009, including the following recommendation for debate: Dairy market situation - European Scrutiny Committee Contents


6  COMMUNICATION — ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

(30915)
13286/09
COM(09) 467 
Commission Communication — Enhancing the enforcement of intellectual property rights in the internal market


Legal base
Document originated11 September 2009
Deposited in Parliament17 September 2009
DepartmentBusiness, Innovation and Skills
Basis of considerationEM of 29 September 2009
Previous Committee Reportnone
To be discussed in Council n/a
Committee's assessmentLegally and Politically Important
Committee's decisionCleared

Background

6.1 This Communication follows on from the Commission's IPR Strategy for Europe,[16] which was adopted in July 2008, and the adoption on 25 September 2008 of the Competitiveness Council Resolution on a comprehensive European anti-counterfeiting and anti-piracy plan. This plan envisaged measures:

  • facilitating dialogue amongst concerned parties and voluntary inter-industry agreements to tackle key problems;
  • improving co-ordination between Member States;
  • helping to build partnerships and develop information sharing between industry and enforcers.

6.2 The Resolution also invited the Commission to set up a European counterfeiting and piracy observatory. This would collect and analyse data on counterfeiting and piracy across Europe, to enable assessment of the scope and scale of the problem, share information, promote best practice and strategies, raise awareness and pose solutions to key problems. The European Observatory on Counterfeiting and Piracy was launched on 2 April 2009 at the Second High Level Conference on Counterfeiting and Piracy, and the first meeting of the Observatory took place on 4 September 2009.

The Document

6.3 This Communication sets out a series of practical initiatives designed to respond to counterfeiting and piracy of intellectual property rights and their economic effects on EU economies. The Commission is proposing to complement the existing legal framework by more focused enforcement measures. This is to be achieved through the activities of the newly established EU Observatory on Counterfeiting and Piracy, improved administrative co-operation across Europe, and greater collaboration between the private sector, national authorities and consumers throughout the internal market. The Communication sets out a range of initiatives designed to promote a more collaborative approach to protecting intellectual property as an important ingredient of innovation and creativity across industry sectors.

The EU Observatory on Counterfeiting and Piracy

6.4 The Observatory is designed to provide a new forum facilitating collaboration between national representatives, private sector experts and consumers. The Observatory's functions are:

  • to improve the collection and use of independent, reliable information and data;
  • to promote awareness of best practice amongst public authorities;
  • to develop appropriate solutions to problems in specific geographical areas and specific sectors.

The Commission emphasises that the Centre will need to ensure that no duplication of effort takes place.

6.5 Whilst most of the administrative work of the Observatory will be conducted by the European Commission Directorate General (DG) for Internal Market and Services, other key Commission services such as DG Enterprise, DG Trade, DG for Justice, Freedom and Security and DG for Taxation and Customs Union will contribute to developing the work and will join external experts for specific research and specialist tasks. The Centre was set up in part to address a long-standing complaint that Commission Services have been fragmented.

6.6 The first stakeholder meeting of the Observatory agreed the overall mission, objectives, governance and future structure of the Observatory, and practical work streams are already being developed. One work stream aims to improve understanding across the EU and involves a comprehensive exercise ('mapping study') to identify structures and frameworks currently in place to combat IP infringements within Member States. Alongside this, two sub-groups have been created to look at specific issues surrounding data gathering and existing legal frameworks.

6.7 The Commission has formally asked Member States to appoint a national representative from each country to be a full member of the Observatory. The first full meeting of Member States' representatives will take place in December, in Stockholm, under the Swedish Presidency. During this meeting results from the 'mapping study' will be presented by the Commission who will invite discussions on the findings and the work of the Observatory sub-groups.

Improved administrative co-operation and collaboration

6.8 The Commission aims to foster administrative cooperation across Europe by improving coordination to ensure more effective exchanges of information and mutual assistance. As a result, Member States will be asked to designate National Coordinators. Building on current experience, a technical assessment is also taking place to advise on existing and appropriate electronic networks to exchange information across borders on IPR infringements.

6.9 The Commission is also seeking to build coalitions between stakeholders to overcome conflicts and disputes, by developing voluntary collaborative arrangements that focus on concrete problems, such as the sale of counterfeit goods over the internet and illegal uploading and downloading. The Commission feels that such agreements have the potential to be more easily extended beyond the EU and to become the foundation for best practice at global level.

6.10 In this respect the Commission is facilitating monthly meetings to address specific issues and reach voluntary agreements on practical solutions and measures. A wide range of rights holders, internet companies, internet service providers and telecommunication operators are participating to help develop and carry out common actions in these fields. The Commission expects participants to be in a position to develop a joint Memorandum of Understanding before the end of the year in respect of the illegal sales dialogue, and before the summer of 2010 in respect of illegal uploading and downloading. A range of UK rights owners are taking part. If successful, the Commission envisages that dialogues could then be extended to promote cooperation with financial institutions and transport companies in the fight against online counterfeiting.

The Government's view

6.11 The Minister of State for Higher Education and Intellectual Property at the Department for Business, Innovation and Skills (David Lammy) confirms the Government's general support for the Commission's approach. He states that the Government "is already working closely with stakeholders in the UK and Europe on increasing collaboration and co-operation." The Minister adds that "the UK will need to confirm our delegate ahead of the first representative's meeting in December. The UK will also need to designate a National Coordinator."

Conclusion

6.12 We thank the Minister for his helpful summary of the Commission Communication. We share the Government's general support for the Commission's objectives and general approach and have no questions of the Minister. We clear the document from scrutiny.





16   COM(2008) 465 Back


 
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