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EU Regional and International Framework on IPR Enforcement · ARISE + IPR IP KEY SEA •Support for...
Transcript of EU Regional and International Framework on IPR Enforcement · ARISE + IPR IP KEY SEA •Support for...
Ms. Jennifer E. LaygoHo Chi Minh, 17 October 2018
EU Regional and International Framework on IPR Enforcement
THE ACTORS IN THE EU
Policy & Legal Framework
Data Collection and Analysis
Investigation & Operations
Cooperation
making rules, providing tools, cooperating with third countries
coordinating mutual assistance and investigations
the 28 National Customs Authorities of the EU
Customs Cooperation Working Party: operational cooperation among
national customs to increase enforcement capabilities
the national police forces of the 28 EU
Member states
the EU’s law enforcement agency, fighting serious and
organised crimes
all supported by the EUIPO’s
Observatory on
infringements of IPRsJudicial coordination
and cooperation
POLICY AND LEGAL FRAMEWORK
• Directive on the enforcement of intellectual property rights ('IPRED’)• Guidance Communication
• clarifying the provisions of IPRED: its scope, rules on obtaining and preserving evidence, injunctions, or calculation of damages
• Action Plan on the Enforcement of Intellectual Property Rights• ”FOLLOW THE MONEY APPROACH” - Rather than penalising the
citizen for infringing intellectual property rights (often unknowingly), these measures seek to deprive commercial scale infringers of the revenue flows that draw them into such activities.
DATA COLLECTION AND ANALYSIS
The European Observatory on Infringements
of Intellectual Property Rights
(EUIPO)
THE OBSERVATORY IS A NETWORK
• LEGAL BASIS:- Regulation (EU) No 386/2012 of 19 April 2012- Observatory goes from Commission to OHIM (EUIPO)
• Network:- All Member States- 67 European and international associations and private sector- 8 Associations representing consumers and civil society- 10 MEPS- European Commission (GROW, TAXUD, TRADE, CNECT, OLAF, JRC)- EU and International organisations (CEPOL, Europol, Eurojust, EPO, WIPO, Interpol,
WCO, OECD and UNICRI)- Plus “Observers”: UNICRI, OECD, CPVO, European Audiovisual Observatory, Robert
Shuman Foundation)
OBSERVATORY GOALS 2014-2018
GOAL 1: FACTS AND EVIDENCE
IP Contribution Europeans and IP
Infringement Quantification
DATA EXCHANGE FOR ENFORCEMENT
• COPIS
o product information authentic/infringingo supply chain authentic/infringingo contact detailso seizures
• EDB o interfaced with COPISo IPR official informationo product information authentic/infringingo supply chain authentic/infringingo contact detailso ALERTS (+web infringements)
• OLAF’S AFIS PORTALo secure webmailo Customs Information System (CIS): suspicious cases and seizureso platform for single operationso Container Status Messages repository (CSM)
• EC’S RISK INFORMATION FORMo for sharing alerts on risks, threats, new trends and modus operandio for frontline officers, to be treated immediately and reported (legal
obligation in the UCC)
for general customs enforcement
GOAL 2: TOOLS AND RESOURCES
EDBACISTACRISOrphan Works DBAgoratekaCase Law DB on IPR enforcement
ORPHAN WORKS DATABASE
DIGITALISATIONAND DISPLAY ON LINE
DILIGENT SEARCH
PUBLICLY ACCESIBLEDATABASE
THE EU DIRECTIVE ON ORPHAN WORKS
AGROTEKA: Online since 26 September 2016
GOAL 2: KNOWLEDGE SHARING
EIPPNCEPOL/EUIPO trainingEurojust/Europol/EUIPO seminarsRegional SeminarsVirtual Training Centre
GOAL 2: COOPERATION WITH EUROPOL
• Grant scheme established in 2016: EUIPO decides to fund Europol;• Increased operational results achieved by Europol between 2016 and
2017;• More consistent “follow the money” approach;• From 2018 onwards increased EUIPO support to compensate lack of
funding from EC due to EMPACT exclusion.
GOAL 3: RAISING AWARENESS
https://www.facebook.com/IdeasPowered
https://twitter.com/IdeasPowered
GOAL 2: RAISING AWARENESS
Broad dissemination of the results of the studies
• Encouraging cooperation between LEAs and testing effectiveness of analysis and actions• The Customs have identified a “model” for Joint Customs Operations (JCOs), usually
supported by OLAF:• Preparatory phase: threat assessment and business case approved; Operational Plan
including setting up of a Virtual and/or Physical Operation Coordination Unit (V/P-OCU) if necessary
• Pre-operational phase: testing communication; sharing list of information for riskanalysis and targeting
• Operational phase: in a limited period of time: monitoring, analysis, decision and actionthrough NCPs; seizures stored (“reports”)
• Post-operational phase: all open cases are closed and all stored data is anonymized;results assessed; final report, with recommendations if needed; investigations follow up
INVESTIGATION AND OPERATIONS
COOPERATION
• The Commission:- supports EU companies, especially small and medium-sized enterprises (SMEs) to
better manage and take advantage of IPR in the EU and beyond- encourages trading partners to respect IPR, as this also contributes to their economic
development• The Directorate-General for Trade works to improve the protection of intellectual
property rights in non-EU countries:- Report on the protection and enforcement of intellectual property rights inthird countries
- with the aid of the EU Observatory
ARISE + IPR IP KEY SEA• Support for the ASEAN Network
of IPR Enforcement Experts (ANIEE)
• Roundtable for the Judiciary and Exchange of best practices for Mediators
• ASEAN Enforcement Tools • Best practices for IPR Enforcement Officials
• Roundtable for SEA judges
• Study on illicit trade and IPR protection in the digital world
• Illicit trade environment index report
THANK YOU
@IPKey_EU