Intermediaries At Centre Of Battle On EU IP Enforcement

BERLIN — The future of the European intellectual property enforcement framework is under heavy discussion at the second IP Enforcement Summit of the European Union Intellectual Property Office (EUIPO) in Berlin today.

The European Commission is still pondering the question of whether it will propose a revision of the much debated IP Enforcement Directive (IPRED) from 2004. Meanwhile, there are calls from some parts of the industry that claim the directive is outdated and needs for example changes for higher damages.

The EUIPO International IP Enforcement Summit is taking place from 22-23 June.

Different levels of implementation across EU member states and high costs and lengthy procedures for those filing complaints have been noted as issues with the enforcement directive, said Antti Peltomäki, European Commission deputy director general for Internal Market, Industry, Entrepreneurship and SMEs. At the same time, statements filed during the open consultation spoke of an imbalance of IP and human rights, he added.

Peltomäkki said the Commission is “finalizing its evaluation of the public consultation comments and eventuelly publishing the results before the summer break.” The Commission would then come up with proper legislation or soft law measures.

Pawel Svoboda, chair of the European Parliament‘s Legal Committee, reported that the EU Parliament is clearly in favour of a revision of the enforcement directive, saying the legislation is “out of step with the digital environment.”

Svoboda told Intellectual Property Watch that intermediaries were certainly the “main battlefield” for a potential revision. Cooperation with the intermediaries, responsibility or liability is a major topic at the two day event. After an earlier memorandum of understanding with online platforms over their cooperation in taking down infringing products voluntarily, the Commission will announce similar MoUs with ad companies and transport providers.

[Update:] Margus Viher, director general of the Estonian Patent Office, announced that the incoming Estonian EU presidency is considering a revision of the IP enforcement directive, too, and closely tracking the Commission‘s steps.

While the EU Copyright Directive would be the priority, a line of thinking in Estonia is that to take on the IPRED in parallel with the Copyright Directive could be “complementary instead of derailing.” Viher underlined nevertheless that any revision attempt “should not place proactive obligations on intermediaries,” according to the point of view of the Estonian government. It should strictly not conflict with the current regime of liability limitations, he said. Also sufficient safeguards for privacy and other fundamental rights must be ensured.