1. 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

2. 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)

3. 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

4. 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

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

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

7. 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

8. 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

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

10. 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

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

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

13. 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

14. Further information