The role of EU in supporting SMEs for protection of IPR. Avv. Elio De Tullio

Transcription

1 The role of EU in supporting SMEs for protection of IPR Avv. Elio De Tullio

2 EU Actions New Customs Regulation Enforcement Directive Communication on European Industrial Policy: central role of IPR in a knowledge-based economy The Small Business Act Council resolution on the enforcement of IPR in the internal market

3 Objectives Improve IP awareness for SMEs Harmonize IPR in EU Strengthen custom controls at the borders Make the IPR system more accessible to SMEs Removing barriers for a better use of IPR by SMEs Support non technological innovation (i.e. design) Promote coordination between EC DGs Promote public-private support to SMEs

4 New Customs Regulation Regulation No. 1383/2003 Sets out the conditions under which the customs authorities may intervene in cases where goods are suspected of infringing intellectual property rights. It also sets out the steps to be taken by the authorities when goods are found to be illegal It extends the scope of the former Regulation to cover more intellectual property rights such as plant variety rights, geographical indications, designations of origin; It extends the scope of the "ex officio" procedure; which allows the customs authorities to react without a prior application for action.

5 The Enforcement Directive The Directive: Deals with the enforcement of intellectual property rights such as copyright and related rights, trademarks, designs or patents and was adopted in April Requires all Member States to apply effective, dissuasive and proportionate remedies and penalties against those engaged in counterfeiting and piracy and so creates a level playing field for right holders in the EU. It means that all Member States will have a similar set of measures, procedures and remedies available for rightholders to defend their intellectual property rights if they are infringed

6 EU and ACTA In 2007, the EU and a number of other WTO members began to work on a new international agreement the Anti-Counterfeiting Trade Agreement (ACTA); This initiative fits both in the Lisbon Agenda (under which the Commission identified intellectual property as one of EU's key competitive assets) and in the Global Europe strategy (better enforcement of IP rights is one of the key objectives thereof).

7 EU and ACTA The EU's objective with ACTA partners is to have a new plurilateral treaty improving global standards for the enforcement of IPR, to more effectively combat trade in counterfeit and pirated goods. ACTA will not create new IP rights, BUT, will only address the way companies and individuals can enforce their rights in court, at the borders or via the internet. ACTA countries will enforce the rights as they are defined domestically.

8 Support Measures

9 IPR awareness, training and assistance In Europe, protection of intellectual property is not only hampered by the fragmentation and associated costs of the available IPR systems, but also by a lack of awareness. The Commission is therefore reinforcing the already existing support and information services

10 Making IPR Work for SMEs 1/2 The Expert Group performed an analysis of the support needs in the enforcement of IPR; produced a report with a set of recommendations on urgently needed action; identified relevant best practices all across Europe.

11 Making IPR work for SMEs 2/2 Main messages: Need for improving SME support organisations services in the area of IPR enforcement; Need for integrating IPR enforcement and innovation support; Need for developing Intellectual Asset Management; Need for IPR Co-ordination Offices at both at a European and at national level.

12 The European Observatory on counterfeiting and piracy The Observatory Serves as a platform to join forces, to exchange experiences and information and to share best practices on enforcement; functions as a central resource for gathering, monitoring and reporting crucial information that will improve our knowledge about the dangerous phenomenon of counterfeiting and piracy, and will allow us to target our enforcement resources

13 IPEuropeAware "IP Awareness and Enforcement: Modular Based Action for SMEs" was launched by the Commission in It aims to raise awareness and increase the use of IPR among SMEs and helps to enforce IPR by developing national and local support services for SMEs, ranging from awareness-raising to first line support (helpdesks) InnovAccess gives you a direct access to national resources and general IP issues IPR-Helpdesk focuses on the specific IP issues involved in R&D and innovation EU funded projects

14 IPR HELPDESK

15 Action plan IP/09/193 (2009): Action plan for closer customs cooperation on protecting IP rights between the EU and China: Setting up a working group to study the flow of counterfeit goods between EU and China. The exchange of information on IPR risks Operational cooperation between key ports and airports Developing partnership with private sector in China in order to better target suspects shipments In 2009, EU Customs took actions in 43,500 cases involving several million products suspected of being counterfeited or pirated at the external borders of EU

16 China IPR Helpdesk SMEs (created by the European Union Chamber of Commerce in China (EUCCC) and financed by the European Union). Introduces European SMEs to the knowledge and the business tools required to develop the value of IPR and manage the related risks. Provides free information, advice, trainings for SMEs to help them protect and enforce their IPR in China.

17 EU CHINA IPR SME HELPDESK Overview of the China IPR SME Helpdesk Initiative of the Helpdesk: Practical business advice for European SMEs First line, pre-legal support through telephone and services Support to SMEs before they enter the market in China Strategic goals Build partnerships with SME intermediaries / Chambers of Commerce etc. Tailored Helpdesk services

18 Soft Toys EU CHINA IPR SME HELPDESK Design of drainage machines Wastewater Treatment Olive Oil Umbrella Lighting Group Prevention Strategies Enforcement Strategies Trademark, sourcing and manufacturing contracts, record keeping re creation, advertising/packaging IPR as part business strategy. Not just design patents but trademark and copyright Trademark, trade secrets, nondisclosure agreements, first to register Opposition to local trademark application IP protection in China, sale in HK steps on hiring a lawyer Design patent infringement received legal advice not sufficiently the same, business strategy

19 IPR1 and IPR2 projects: IPR1 ( ): Promotion of international standards for IPR protection in Chinese Legislation. IPR2 ( ): Successor of IPR1, its purpose is to provide technical assistance to Chinese legislative, judicial, administrative and enforcement agencies and institutions to improve the effectiveness of IPR enforcement in China. IPR2 provides support mainly in the form of expertise and organization of cooperation activities that address the Project s objectives. This ranges from seminars, workshops, studies, training courses, study tours and information management activities both in China and in the EU. Strong participation of EU member states and EU industry.

20 Enforcement surveys 1/2 Every two years, the Commission conducts a broad IPR enforcement survey. Based on this consultation and on other input including data on counterfeit goods intercepted at the EU border, the EU sets out a list of priority countries in which the counterfeiting and piracy of IP rights remain a serious problem, and which should be the focus for future EU work.

21 Enforcement surveys 2/2 In 2010 DG Trade launched a survey focused on collecting data about the fight against IPR infringements outside the borders of the European Union. This survey focuses on those non-eu countries which are the most relevant to the EU from a trade policy perspective (in particular, leastdeveloped countries are not covered). All the replies will be taken into consideration in order to allow DG TRADE to review its priorities in that area. In particular, combined with other sources of input, it will enable the Commission to update its list of "priority countries" (cf. "IPR Enforcement Report 2009") The deadline in order to take part to the Survey is December 31, 2010

22 Thanks for your attention! Avv. Elio De Tullio De Tullio & Partners Via Domenico Cimarosa 13 Roma