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 originated | 11 September 2009
|
| Deposited in Parliament | 17 September 2009
|
| Department | Business, Innovation and Skills
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| Basis of consideration | EM of 29 September 2009
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| Previous Committee Report | none
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| To be discussed in Council
| n/a |
| Committee's assessment | Legally and Politically Important
|
| Committee's decision | Cleared
|
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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