10 December 2013Patents

IP Summit: How can the EU keep bright people in Europe?

Kerstin Jorna, a director of IP at the European Commission, told attendees of the PanEuropean IP Summit why IP rights are so important to Europe in a speech on Tuesday.

“What can the EU do to keep bright people in Europe?” she asked. What options are available for helping innovative countries and individuals from idea to finished product?

She outlined some of the changes the commission is making to the IP framework in Europe, including introducing firmer rules on trade secret protection to promote an environment of trust so innovators can be confident about sharing information about their invention to other entities along the supply chain.

Some jurisdictions, such as the Netherlands and the UK, have no rules about trade secrets at all, instead relying on jurisprudence, she said. But on Wednesday the commission will agree on definitions of the terms trade secrets, misappropriation and lawful discovery, bringing the EU a step closer to harmonious trade secret laws.

The Unified Patent Court will have its benefits for small- to medium-sized entities who cannot afford to defend their patents in multiple jurisdictions, but by the same token,“there will be less money in the system if innovators are paying less,” Jorna said.

At the same time, the court fees can't be so high to discourage innovators from using the court, she added.

Legal security is an important factor to consider, Jorna said, adding that the court must offer “good and predictable rendering of justice”.

To conclude her keynote, Jorna drew the floor's attention to a trend where well-known fashion and car brands are advertising on illegal TV and film websites. It's a fairly common occurrence that happens because, as Jorna put it, “marketing departments ignore legal departments.”

The PanEuropean IP Summit takes place in Paris from December 9 to 11 2013.

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