INTA Digital World: Richemont discusses challenges of online TM enforcement
Challenges faced by brand owners and effective trademark and copyright enforcement in the digital world were two topics highly discussed during a panel at an industry conference.
Speaking in a personal capacity at an International Trademark Association conference on Friday, December 2 in Brussels, panellists took part in a session called ‘Effective enforcement in the digital world and the Digital Single Market’.
Jean Bergevin, directorate general for internal market, industry, entrepreneurship and SMEs at the European Commission, outlined the public consultation on the evaluation and modernisation of the legal framework for the enforcement of intellectual property rights.
“We want to do this properly. This is the last chance … we will have to do such an evaluation and to possibly reform the text. And I’m not hiding the fact that that is a very strong probability,” he said.
Announced in December 2015, the consultation ran until April this year.
“There are real issues in terms of what’s happening in terms of damages, [and] there are real issues regarding access to evidence,” said Bergevin.
“Don’t think the only reason we would revise [it] is to change the role of intermediaries. There are some fundamental points there and we have to do everything in a very targeted and precise manner, and that’s why it’s taking time.”
The summary of responses explained that rights owners overwhelmingly believed that intermediaries should play a role in IP enforcement and the prevention of infringements.
“In their opinion, intermediaries acting in the digital environment are best placed to prevent infringements of IPR,” it said.
Richard Graham, head of digital within luxury goods company Richemont International’s IP department, provided an overview of three challenges faced by brand owners.
These challenges are: identification and attribution, the legal and enforcement environment, and the politics and economics of enforcement.
He explained that with any enforcement activity, rights such as freedom of business, privacy, and consumer protection need to be balanced.
“What we’re seeing a lot is that we can’t give you this information [on infringement] because there’s a right of privacy,” said Graham. “That is a fundamental flaw with the existing environment of enforcement.”
INTA’s ‘Digital World Conference: Navigating the Digital Yellow Brick Road’ took place between December 1 and 2 in Brussels.
