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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

2

• Four types of actions:

- Studies

- Tools to help enforcement

- Awareness campaigns

- Training

Studies Role of the Observatory

3

• 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

4

• 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

5

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

6

Most IPR-intensive

industries are intensive

in more than one type

of IPR.

7

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

8

• 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

9

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

10

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.

11

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.

12

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

13

• 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

14

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

15

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

16

• Enforcement judgements

• ACRIS

• Orphan works

Studies Other data bases

17

• Youth action plan

• Website

• Newsletter

• Funding scheme

Studies Awareness

18

• Intelligence gathering process

• Internet-based youth dialogue

• Opinion leaders engagement

• Online media awareness strategy

• Continuous assessment

• Complementary visibility event

Studies Youth action plan

19

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

20

• 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

21

Thank You

(+ 34) 965 139 100 (switchboard)

(+ 34) 965 139 400 (e-business technical incidents)

(+ 34) 965 131 344 (main fax)

information@oami.europa.eu

e-businesshelp@oami.europa.eu

twitter/oamitweets

youtube/oamitubes

www.oami.europa.eu

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NTA

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