EU adopts four-year IP action plan
The EU council has adopted an action plan to combat intellectual property rights infringement from 2013 to 2017.
In a resolution published on Monday, the council identified the development of a partnership with the European Observatory and enhanced co-operation between European and international customs authorities as priorities in providing greater protection for rights holders.
The EU Commission and the European Observatory, now a part of the Office for Harmonization in the Internal Market (OHIM), will work together in developing systems to gather, analyse and report on the scope and scale of counterfeiting and piracy in the EU.
The organisations will also provide training for rights holders and develop public awareness tools to educate consumers about IP infringement, as well as holding an annual conference for customs representatives, police, judicial authorities and IP departments in 2014.
Another key objective in the Commission’s action plan is the launch and use of COPIS, an electronic anti-counterfeiting and anti-piracy system for customs authorities. COPIS was developed under a three-year IP enforcement initiative implemented in 2009, but is not yet operational.
The council says the new action plan will offer clearer objectives and more detailed tools for measuring performance than the 2009 plan, and will complement the EU’s 2020 strategy for stimulating economic growth by encouraging innovation and tackling the counterfeit goods trade.
“It is essential to improve framework conditions for business to innovate and to reduce the damage to its legitimate interests caused by counterfeiters taking advantage of the investments, efforts and brand reputation of right-holders,” said the council in its resolution.
But while IP professionals welcomed the idea in principle, there are concerns over how it will work in practice.
“Identification of fake patented products by customs can be very difficult. The enforcement plan, while a good idea, should perhaps differentiate between different types of IP rights as they have different demands,” says Sarah Turner, of counsel at Hogan Lovells in London.
It is unclear, says Turner, how customs officials will be trained to spot goods that might infringe patents but are not obviously infringing trademarks. Details of this “would help give some teeth to the patent provisions of the EU Regulation,” she says.
“As with any area of enforcement of IP rights, the practical application of the legislation is key to ensure its effectiveness. Where there is inconsistency, counterfeiters and pirates can (and do) take advantage.”
A more detailed ‘road map’ of the action plan will be published in spring 2013.
