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Transcript of EU Observatory on Infringements of Intellectual Property Rights › dms › seminare2014 › 95 ›...
EU Observatory on Infringements
of Intellectual Property Rights
Paul Maier
Director EU Observatory on infringements of IPR
Prague, 9 September 2014
• Regulation (EU) No 386/2012 of
19 April 2012
• Observatory goes from Commission
to OHIM
Studies Legal framework
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• Four types of actions:
- Studies
- Tools to help enforcement
- Awareness campaigns
- Training
Studies Role of the Observatory
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• Bring public & private stakeholders
together
• Re-inforce cooperation between EU
bodies & international organisations
• Find synergies/avoid double work
• Best practices
• Relation with EU activities
Studies Cooperation
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• 28 Member States
• 56 European and international associations +
Private sector
• 6 Associations representing consumers and
civil society
• European Commission (MARKT, TAXUD,
TRADE, ENTR, OLAF, JRC)
• 10 MEPs
• EU and International organisations (Europol,
Eurojust, EPO, WIPO, Interpol, WCO)
The Observatory is a network
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IPR intensive industries: contribution to economic
performance and employment in the EU
Industry level analysis (published September 2013)
• Objective study based on OHIM/EPO databases and
Eurostat data
• 26 % of all jobs (35 % if indirect figures added)
• 39 % of GDP
• 40 % wage premium
• 90 % of EU exports
Studies IP Contribution Study: Phase 1
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Most IPR-intensive
industries are intensive
in more than one type
of IPR.
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IPR-intensive industries
Company level analysis (in progress)
• Study of approximately 140,000 companies
across the EU
• Includes both EU and national-level IP rights
(patents, trade marks and designs)
• Sophisticated statistical analysis to ascertain
whether companies that use IPR more
intensively perform better on productivity
measures such as revenue per employee
Studies IP Contribution Study: Phase 2
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• Objective: to quantify the extent and impact of
counterfeiting and piracy in the EU:
o Reduced sales by legitimate businesses
o Reduced tax revenues
o Lower employment
o Costs of enforcement, both public and private
• Using a variety of techniques and data sources: statistical
analysis, surveys of private and public stakeholders
• Cooperation with the OECD, EU Commission (JRC) and
Observatory stakeholders
• First results in 2014; ongoing workstream
Quantification of Infringement
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The European citizens value IP as a
fundamental element of the economic and
social system. However on a personal level
they justify certain infringements.
The difference between the two opinions can
be explained, according to the survey, by the
fact that many of those questioned believe
that IP does not benefit them personally or
that the IP system does not meet their
expectations, in areas like price, availability,
diversity or quality.
IP Perception study
A study commissioned by the
Office for Harmonization in the
Internal Market in the frame-
work of the Observatory
programme.
November 2013
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Main findings of the report
European citizens value IP:
96% of Europeans say Intellectual Property (IP) is important because it supports
innovation and creativity by rewarding inventors, creators and artists for their work.
86% agree that protecting IP contributes to improving the quality of products and
services.
69% of Europeans value IP because they believe it contributes to the creation of jobs
and economic well-being.
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Main findings of the report
But from personal perspective a significant number of Europeans believe that
certain IP infringements can be justified:
38% of EU citizens surveyed agree with the statement “buying counterfeit products is an act of
protest and a way to resist to the market driven economy and the large premium brands”.
This figure rises to 49% for EU citizens between 15 – 24 years old.
34% of EU citizens surveyed agree with the statement “buying counterfeit products allows
making a smart purchase that enables to have the items that you wanted while preserving your
purchasing power”.
This figure rises to 49% or EU citizens between 15 – 24 years old.
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22% of Europeans consider it is acceptable to download or access copyright-protected content
illegally when there is no legal alternative in their country. This is 42% amongst citizens from 15
to 24 years old.
42% of Europeans consider it is acceptable to download or access copyright protected content
illegally when it is for personal use. This number rises from 15 points to 57% amongst citizens
from 15 to 24 years old.
Main findings of the report
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• Inter-Agency cooperation
• Costs & damages (updated)
• Storage & destruction (updated)
• Country guides (Brazil, Russia,
India, China & Turkey)
• IP & Education in Europe
• Trade secrets
• Geographical indications
Studies Other studies
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What?
– Interoperable electronic tool
enabling exchange of information
between right owners and
enforcement authorities
Why?
– Sharpen enforcement authorities’
fight against counterfeiting
– Enable IPR owners to contribute
to the defence of their rights
– Enhance IP protection
Enforcement database
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What?
– Electronic tool for collection and
exploitation of seizures figures (all
enforcement related authorities)
Why?
– Define standards
– Ease input of information
– Enable reporting and forecasting
Database to support data collection
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• Enforcement judgements
• ACRIS
• Orphan works
Studies Other data bases
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• Youth action plan
• Website
• Newsletter
• Funding scheme
Studies Awareness
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• Intelligence gathering process
• Internet-based youth dialogue
• Opinion leaders engagement
• Online media awareness strategy
• Continuous assessment
• Complementary visibility event
Studies Youth action plan
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Design training sessions in collaboration with law
enforcement organisations
• Joint Interpol training for police trainers
• Joint Europol and business sector training for
police and customs
• Joint Europol and Eurojust training for police,
customs and judiciary
Building competences in IP enforcement
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• EPO
o IP Teaching Kit
o IP Executive week
o IP Awareness campaign
o OALP Materials
• WIPO
o Joint IP Training Events
• USPTO
o Joint IP Event: Participation in Judges Seminars
on 2nd & 3rd June
Cooperation with IP Academies
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Thank You
(+ 34) 965 139 100 (switchboard)
(+ 34) 965 139 400 (e-business technical incidents)
(+ 34) 965 131 344 (main fax)
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youtube/oamitubes
www.oami.europa.eu
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