Jean Bergevin European Commission GROW.F5 –

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Presentation transcript:

The evaluation and modernisation of the legal framework for IPR enforcement Jean Bergevin European Commission GROW.F5 – "Intellectual Property and Fight against Counterfeiting" IPR ENFORCEMENT CONFERENCE 2016

EU policy on the protection of intellectual property rights 'Towards a renewed consensus on the enforcement of Intellectual Property Rights: An EU Action Plan' (COM(2014) 392) 'A Digital Single Market Strategy for Europe' (COM(2015) 100) 'Upgrading the Single Market' (COM(2015) 550) 'Towards a modern, more European copyright framework' (COM(2015) 626)

Evaluation and modernisation of IPR enforcement Evaluation of the IPR enforcement directive 2004/48/EC Roadmap on content, subject and scope of the evaluation Revision of the legal framework for the enforcement of intellectual property rights Inception Impact Assessment on objectives, possible options and impacts

The public consultation on the evaluation and modernisation of IPR enforcement Rightholders 237 Citizens, consumers and civil society 152 Intermediaries 44 Judiciary and legal profession 37 Member States and public authorities 25 495

What type of IPR do you hold/represent? Rightholders Other: trade secrets and domain names

From your experience, how did the occurrence of IPR infringements develop over the last 10 years?

Impact of the existing rules All stakeholder groups consider that the existing rules have helped effectively in protecting IP and preventing IP infringements however The vast majority of rightholders and intermediaries believes that these measures and remedies are not applied in a homogeneous manner across the Member States

Impact of the existing rules The main reasons for not seeking civil redress are procedural costs, length of procedures and low probability of obtaining appropriate compensation The majority of rightholders and Member States and a significant part of the judiciary and legal profession and intermediaries consider that there are problems when taking legal action in a cross-border situation

Do you have the feeling that procedural and fundamental rights are well respected in the application of the Directive? Citizens

Do you see a need to adjust the existing rules? All stakeholder groups see a need to adjust the rules on evidence All but intermediaries see a need to adjust the right of information Rightholders, judiciary and legal profession and citizens see a need to adjust the setting of damages All but Member States see a need to adjust the reimbursement of costs Rightholders and judiciary and legal profession see a need to adjust the rules for provisional and precautionary measures and for injunctions

Do you believe that intermediary service providers should play an important role in enforcing IPR?

Does legal action at a court specialised in IPR matters provide an added value compared to legal actions at other courts?

Evaluation and modernisation of IPR enforcement Summary of responses Report on the evaluation of the IPR enforcement directive 2004/48/EC Identification of the need to amend the legal framework

Further information http://ec.europa.eu/growth/industry/intellectual-property/enforcement/index_en.htm http://ec.europa.eu/smart-regulation/roadmaps/index_en.htm