COM/2009/0467

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Enhancing the enforcement of intellectual property rights in the internal market change log oeil (oeil file closed)


about

It is about establishing an "EU counterfeiting and piracy Observatory" together with "stakeholders". The Observatory should collect information about "best practices" and facilitate cooperation in combating IP infringements.

The text goes on and on about how IP is very important for European business, in particular SME:s.

Although the text reads as if the Observatory would mostly be for combating counterfeit goods, copyright infringements are included as well. This is done in the footnote on page 3, where it says:

  In this Communication, the term "counterfeiting and piracy" should
  be understood as covering the infringement of all intellectual
  property rights as referred to in the Statement by the Commission
  concerning Article 2 of Directive 2004/48/EC; OJ L 94, 13.4.2005, p. 37.

Directive 2004/48/EC can be found at http://eur-lex.europa.eu/pri/en/oj/dat/2004/l_195/l_19520040602en00160025.pdf and Article 2 specifically mentions copyright.

So, the Commission wants to establish an Observatory together with stakeholders to get tough on all kinds of intellectual property infringements, including copyright.

blogs

http://christianengstrom.wordpress.com/2009/09/14/nytt-fran-eu-kommissionen-om-ipred/

http://ipkitten.blogspot.com/2009/09/commission-tells-ip-community-forget.html

pastes

The European Commission is establishing a body to analyse the scale of counterfeiting and piracy and to co-ordinate international action on the issue. It has asked each member state to nominate a co-ordinator to aid the process.

<http://www.scotlandis.com/ScotSoft2009/10bigthings-global-forum-2009>

<http://www.scotlandis.com/ScotSoft2009/10bigthings-global-forum-2009> Advert: Debate the drivers impacting the future of ICT, shape your business strategy and get ahead of your competitors. <http://www.scotlandis.com/ScotSoft2009/10bigthings-global-forum-2009>

The Commission has said that counterfeiting and piracy are having a "dramatic and damaging" effect on economies in the European Union, but stopped short of proposing any change in EU laws on copyright.

"The current legal framework provides the tools to enforce intellectual property rights in a fair, effective and proportionate way," said a Commission statement.

Instead of changing the law, the Commission has established a body whose remit will be to monitor activity and help countries to work together to reduce illegal activity. This will be the EU Observatory on counterfeiting and piracy.

"[The Observatory] will bring together national representatives, private sector experts and consumers to work to collect data on and analyse the scope and scale of the problem, share information, promote best practices and strategies, raise awareness and propose solutions to key problems," said the statement.

"Within the EU there are already a number of legal instruments in place, such as the Enforcement Directive, but in order to make them more effective the EU is seeking stronger administrative cooperation between authorities at all levels in the fight against piracy and counterfeiting," said the Internal Market Directorate's explanation of its actions.

The setting up of the Observatory was recommended by a resolution adopted by the EU Council of Ministers in 2008.

"The EU is home to some of most successful businesses in the world who consider intellectual property rights to be amongst their most precious commercial possessions," said Internal Markets Commissioner Charlie McCreevy. "Intellectual property rights encourage innovation and creativity which results in an essential cycle of business development, knowledge, further innovation and employment."

"They also offer consumers a reassurance that the products and services they buy are legitimate, reliable and above all safe. Unfortunately, there are always those who will seek to undermine honest intentions. We need to stop this dangerous trend not by more legislation, but by mobilising stronger collaboration helping us to fight back," said McCreevy.

The Internal Markets Directorate said that the function of the Observatory was to "improve the quality of information and statistics related to counterfeiting and piracy on the Single Market [and] identify and spread national best practice strategies and enforcement techniques from both the public as well as the private sector".

Though its creation has just been anounced it has already had its first meeting, which took place earlier this month. At that it set up two subgroups, one to look at issues surrounding data gathering and another to examine existing legal frameworks.


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