IP IN THE NEW/FUTURE MEMBER STATES WHAT THE EUROPEAN COMMISSION SAYS Dr. Jürgen Brandstätter Presentation for the Balkan Legal Forum Sofia, 15-17/09/2004 Dr. Jürgen Brandstätter, Presentation for Balkan Legal Forum, Sofia, 15-17/09/2004

Brief presentation of the main results of the Commission reports Possible discussion: What is true/false ? What progress has been achieved since the date of their publication (5/11/2003)? Dr. Jürgen Brandstätter, Presentation for Balkan Legal Forum, Sofia, 15-17/09/2004

Terminology New member states: Comprehensive monitoring reports (05/11/2003) Bulgaria, Romania, Turkey: Regular Reports on Progress towards Accession (05/11/2003) Croatia: Opinion on the application of Croatia for the membership of the EU (20/04/2004) Dr. Jürgen Brandstätter, Presentation for Balkan Legal Forum, Sofia, 15-17/09/2004

Common results of the Monitoring reports: mention of transitional rules in relation to pharmaceutical product patents (Community exhaustion) and the CTM high levels of piracy in most of the new Member States enforcement of IP rights has to be strengthened Dr. Jürgen Brandstätter, Presentation for Balkan Legal Forum, Sofia, 15-17/09/2004

ESTONIA meets its commitments only partially information society directive not transposed WIPO “Internet” treaties not ratified “fight against piracy and counterfeiting appears to no longer have sufficient priority” Dr. Jürgen Brandstätter, Presentation for Balkan Legal Forum, Sofia, 15-17/09/2004

LATVIA meets the majority of the commitments acquis remaining to be transposed: information society directive, design, legal protection of biotechnological inventions Dr. Jürgen Brandstätter, Presentation for Balkan Legal Forum, Sofia, 15-17/09/2004

LITHUANIA legislation is close to full alignment adoption of principle of EC exhaustion of rights still pending preparations of EPO accession have to be completed Dr. Jürgen Brandstätter, Presentation for Balkan Legal Forum, Sofia, 15-17/09/2004

POLAND legislation largely in line with the acquis (partially) remaining to be transposed: Community design, geographical indications, information society rules accession to European Patent Convention is pending Dr. Jürgen Brandstätter, Presentation for Balkan Legal Forum, Sofia, 15-17/09/2004

CZECH REPUBLIC meets the majority of its commitments further alignment necessary regarding the information society directive Trademark Act remains to be adopted Dr. Jürgen Brandstätter, Presentation for Balkan Legal Forum, Sofia, 15-17/09/2004

SLOVAKIA largely meets its commitments information society directive remains to be transposed Dr. Jürgen Brandstätter, Presentation for Balkan Legal Forum, Sofia, 15-17/09/2004

HUNGARY meets the majority of its commitments further alignment is needed with regard to information society directive and directive on broadcasting via satellite legislation on supplementary certificates for pharmaceuticals and plant protection products should be adopted length of court proceedings should be reduced Dr. Jürgen Brandstätter, Presentation for Balkan Legal Forum, Sofia, 15-17/09/2004

SLOVENIA essentially meets its commitments minor adjustments necessary regarding information society and satellite broadcasting directive Dr. Jürgen Brandstätter, Presentation for Balkan Legal Forum, Sofia, 15-17/09/2004

MALTA broadly aligned its legislation with the acquis remaining to be transposed/adopted: exceptions to the rights, exhaustion and revival of term, information society directive, provisions on inter-Member State retransmission via cable, biotechnological inventions, legal protections of designs accession to EPO pending Dr. Jürgen Brandstätter, Presentation for Balkan Legal Forum, Sofia, 15-17/09/2004

CYPRUS: majority of commitments have been met full alignment necessary regarding exceptions to the rights, term of protection and exhaustion full transposition of information society directive must be completed Dr. Jürgen Brandstätter, Presentation for Balkan Legal Forum, Sofia, 15-17/09/2004

BULGARIA IP law largely in line with the acquis adoption of legislation regarding supplementary protection certificates for medical products, plant protection products and biotechnological inventions necessary high level of piracy gives rise to concerns, but IP enforcement is improving Dr. Jürgen Brandstätter, Presentation for Balkan Legal Forum, Sofia, 15-17/09/2004

ROMANIA important aspects of the acquis remain to be transposed examples: protection of databases including sui generis protection, artists’ resale rights, information society directive administrative capacity is insufficient to ensure effective enforcement of IP rights Dr. Jürgen Brandstätter, Presentation for Balkan Legal Forum, Sofia, 15-17/09/2004

TURKEY no particular developments towards alignment with acquis since early 2002 further alignment necessary in nearly all IP fields high level of IP infringements and low number of court cases excessive delays in reaching a verdict Dr. Jürgen Brandstätter, Presentation for Balkan Legal Forum, Sofia, 15-17/09/2004

CROATIA Legislation broadly in line with the acquis Office for Intellectual Property seriously understaffed Growing backlog in the processing of patent applications due to complex and lengthy procedures Dr. Jürgen Brandstätter, Presentation for Balkan Legal Forum, Sofia, 15-17/09/2004

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Thank you for your attention! Dr. Jürgen Brandstätter, Presentation for Balkan Legal Forum, Sofia, 15-17/09/2004