EC targets SMEs ‘crucial’ to green transition
The European Commission has pledged support for small businesses working in green innovation at a major conference in Spain.
Green technologies are under the spotlight to help mitigate climate change, and the EU is well placed to enable and support the shift towards a green global economy.
This was the message presented at the EUIPO Case Law Conference in Alicante, Spain on Thursday, July 7.
In the session ‘Sustainability and the Greening of Intellectual Property’, Markus Kicia of the European Commission kicked off the discussion, considering how the EU’s IP action plan, launched in November 2020, is contributing to the achievement of international green targets.
He set out the European Commission’s intention to broaden IP protection for new green technologies, and emphasised that green innovation depends upon financial support.
“Delivering the transition cannot be addressed without innovative solutions,” he stated. “The development of renewable energy and low-carbon energy ecosystems, for instance, hinges on the development and deployment of cutting-edge technologies.
“Green innovation also hinges on financial support and the support mechanisms and financial resources for green innovation have never been as [important] they are now.”
SMEs are key
Support for SMEs is crucial to the green transition, indicated Kicia. SMEs in particular are “making good use of IP” to improve operations or improve market access. He pointed to the SME Fund, set up by the European Commission and implemented by the EUIPO, which is co-financing IPR registration and IP advice services.
“Many SMEs are innovators of sustainable or green technologies,” he noted, adding that the SME Fund has been a success. “Many applicants were first-time users of IP. It shows therefore that support is important in strengthening IPR.”
He added that the Commission intends to improve IP protection and modernise and close gaps in existing IP legislation. Other goals include facilitating access to and the sharing of innovative technologies; facilitating the licensing and diffusion of IP; and strengthening IP infringement with improved enforcement.
“And if we manage to make the most of our innovative and creative potential, we can also be a significant global player and our innovative solutions can set global standards,” he said.
The action plan sets out five actions to help the EU meet the challenges and opportunities of the green transition. These are the effective use of IP, agile protection, fighting IP infringement, global fair play, and better access to and sharing of resources.
A ‘fragmented’ patent system
Patent protection plays a key role in green technology investment, but “currently, our patent system is fragmented and costly”, said Kicia.
The imminent launch of the unitary patent system will be a “major step” towards green recovery, he added. “A unitary patent would cost a sixth of the equivalent protection today, and in addition decentralised litigation, before the new unified patent court, will improve the certainty and referral of litigation.”
While design rights are “not always first to come to mind” when considering potential innovative or new products, he suggested that they may be attractive to industries such as consumer products, engineering or automotive, which are “coming under pressure in relation to their carbon footprint”.
Design rights might also be valuable, for example in 3D printing, being a potentially a more sustainable manufacturing technique, he explained.
Broadening SEP access
The European Commission also aims to improve access to standard-essential patents (SEPs). “I want to establish a framework for the licensing of SEPs, ensuring a fair return on investments…that are beneficial for the green transition,” said Kicia.
In addition, the value of data and innovation should be recognised, he argued. “The trade secrets directive has more strongly and clearly recognised the value of financial information, and businesses are taking steps to protect these assets.” He went on to say that a review of these directives should clarify further scope, especially as to which type of data would qualify as a trade secret.
With regard to IP enforcement, the Commission intends to reinforce cooperation between all involved players to promote piracy and counterfeiting. “In this regard, the goal is to establish a toolbox against counterfeiting, which will include practices and principles for protection, cooperation and data sharing among rightsholders, intermediaries, and law enforcement.”
Other topics covered in the session were ‘A Helicopter View of Green Trade Mark and Design Case Law’, Eco-Friendly Plant Varieties: a view from the Community Plant Variety Office’, ‘Weeding Out the Unsustainable: cannabis trade marks before the Boards of Appeal’, and ‘Transitioning into the Green Zone: an in-house perspective’.
Boards of Appeal anniversary
The two-day EUIPO Case Law Conference 2022, held on July 7 and 8 at the EUIPO headquarters in Alicante, Spain, as well as online, is the fourth edition of the event and the first face-to-face conference since COVID-19.
A welcome address was given by João Negrão, President of the EUIPO Boards of Appeal, which intends to hold the conference annually from now on.
Opening statements were also given by Christian Archambeau, EUIPO executive director, Ivan Jančárek, ambassador of the Czech Republic for Spain and Andorra, and Savvas Papasavvas, vice-president of the General Court of the EU.
The event marks 25 years of the Boards of Appeal and has welcomed delegates from courts, universities, IP offices and law firms around the world.
The conference sessions include seven panels of experts discussing topics such as General Court proceedings, sustainability, culture, fashion, entertainment, healthcare, wellness, the challenges of the digital age, automotive IP and food and beverages.
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