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    EU Commission Flexes Enforcement Muscles With New IPR Strategy

    Published on 24 May 2011 @ 5:24 pm

    By , Intellectual Property Watch

    The European Commission today published a strategy intended to boost the economy by analysing and applying polish to European Union rules on intellectual property rights, including increased attention to enforcement with a crackdown on small shipments from internet purchases.

    The strategy lays out plans in the areas of patents, trademarks, geographical indications (products named after places), copyright, digital libraries, and border enforcement, according to a summary available here.

    The strategy statement gives a nod to the need for access to knowledge for innovators, but appears to contain mainly plans to boost IP rights.

    On patents, the Commission will continue to seek a unitary EU patent. On trademarks, it will present proposals in 2011 to streamline processing to keep up with demand.

    On GIs, it will conduct “an in-depth analysis of the existing legal framework in the Member States as well as the potential economic impact of protection for non-agricultural GIs in 2011 and 2012,” that could lead to legislative proposals.

    On copyright, the Commission in the second half of 2011 will issue a “proposal to create a legal framework for the efficient multi-territorial collective management of copyright, in particular in the music sector.” It also will establish “common rules on the transparent governance and revenue distribution.” And in the last six months of 2011, it will launch a consultation “on the various issues related to the online distribution of audiovisual works.”

    It also will address issues of orphan works – those under copyright but for whom the rights holder cannot be found – through a new legislative proposal on digital libraries, press release here.

    On enforcement, the Commission will strengthen existing initiatives such as the European Observatory on Counterfeiting and Piracy – on which it sent legislation to Parliament today – and committed to propose changes to the EU Enforcement Directive in spring 2012 to “to meet the specific challenges of the digital environment.”

    And in a notable provision, the Commission proposed a new customs regulation increasing border authorities legal might. The proposal “also aims to tackle the trade in small consignments of counterfeit goods sent by post as the overwhelming majority of these goods results from internet sales,” the Commission said.

    Paris-based civil liberties group La Quadrature du Net criticised the new strategy in an analysis entitled, “EU Commission Sticks to Flawed Copyright Repression.

    “Unsurprisingly, leaks show that the Commission will call for preventing copyright infringements on the Internet “at the source”, by forcing Internet companies such as hosters and access providers to obey the entertainment industries,” the group said. “In practice, turning these actors into a copyright police comes down to establishing a censorship regime, paving the way for dangerous breaches of fundamental rights.”

    William New may be reached at wnew@ip-watch.ch.

     

    Comments

    1. Proposed EU Customs Regulation May Not Dispel Fear Of Wrongful Drug Seizures | Intellectual Property Watch says:

      [...] The proposal for “a regulation of the European Parliament and of the Council concerning customs enforcement of intellectual property rights,” was issued on 24 May, as part of the overall IP strategy of the EU (IPW, Enforcement, 24 May 2011). [...]


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
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