Strengthening the Protection and
Enforcement of Intellectual
Property Rights in Ukraine
Activity 2.1.3
October 2014
Communication from the Commission
COM(2014) 392 final. 1.7.2014
"Towards a renewed consensus on the
enforcement of IPR: An EU Action Plan"
Strengthening the Protection and Enforcement of Intellectual
Property Rights in Ukraine
Activity 2.1.3
October 2014
FOCUS ON COMMERCIAL SCALE IP INFRINGEMENTS
 Improve prevention
 Increase cross-border cooperation between Member
States
 Prioritise IP enforcement policy on the basis of
objective data
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FAKE AIRBAGS
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ACTION 1
 New communication strategy/campaigns to raise
awareness amongst citizens on the economic harm
caused by commercial scale IP infringements.
 Prioritise efforts to improve communication with
younger citizens
 Work with the Observatory to achieve this action.
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Regulators intercept counterfeit cancer medicines in Europe's
supply chain
In a recent article, the Wall Street Journal provided an update on drug theft and
contamination warnings issued by the European Medicines Agency (EMA) in April.
According to the report, Italian officials have identified a “highly organized
criminal ring” as the culprit behind several incidences of stolen and counterfeit
cancer drugs in Europe. Roche’s Herceptin (treats breast cancer), Eli Lilly’s Alimta
(for lung cancer) and Johnson & Johnson / Merck’s Remicade (treats Crohn’s
disease, rheumatoid arthritis) were among the drugs affected. Counterfeit
versions surfaced in the U.K., Finland and Germany after batches disappeared in
Italy. These fake or altered drugs can be ineffective or in some cases, even lethal.
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ACTION 2
 Launch a wide debate on applying due diligence in
supply chains. Drawing on its outcome, develop a
policy initiative in this field.
 Green paper.
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FOLLOW THE MONEY
 Detection and interruption of commercial scale IPinfringing activities
 Reducing the profits of commercial scale IP infringers
 Involvement of downstream intermediaries
 wholesalers, retailers, advertisers, payment service
providers, shippers
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EXAMPLES: FASHION/BEAUTY
INDUSTRIES
Example LEVIS ad captured at 04.13
UTC on 4 October on novamov.com
Example ERMENEGILDO ZEGNA ad captured at
02.51 UTC on 9 October on rnbxclusive.se
Example NIVEA (Beiersdorf) ad
captured at 21:59 UTC on 14
October on mafia-bb.com
Example ADIDAS ad
captured at 22.52 UTC
on 28 June on
freebookspot.es
Example SIMPLE (Unilever) ad captured at 23.49 UTC on 5 July on avaxho.me
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ACTION 3
 Initiate stakeholder dialogues.
 Agree Memoranda of Understanding to reduce
incentives of, and prevent, commercial scale IP
infringements.
 Both for on-line environment (advertising, payment
services) and also off-line (shippers, retailers,
wholesalers etc.)
 Broad consultation via Green paper: see Action 6
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ACCESS TO JUSTICE FOR SMEs
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ACTIONS 4 & 5
 Map and analyse national initiatives seeking to
improve IP civil enforcement procedures for SMEs
(e.g. small claims procedures) and consider possible
action in this field.
 Review national schemes assisting SMEs to enforce
their IP rights.
 Green Paper.
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ACTION 6
 Consultation/ Green Paper on "Follow the money" & IP
prevention schemes.
 Look in detail into upstream and downstream (incl.
chargeback schemes) payment channels and consider how
payment service providers can assist:
 consumer protection
 disrupting the financial flow
 detecting repeat IP infringers
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ACTION 7
 Member State Expert Group on IP Enforcement, to
share best practice on the work within the EU of all
enforcement authorities seeking to reduce IP
infringements.
 Themes will be put forward by Commission in
consultation with Member States .
 Forum where prioritisation can be discussed.
 First meeting possibly in October 2014.
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ACTION 8
 Further encourage European Observatory on IPR
infringements to:
 Develop a comprehensive set of sectoral IP
enforcement training programmes for Member State
authorities in the context of the Single Market.
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ACTION 9
 Consultation of public authorities to exchange views
on the problem of IP infringing products infiltrating
public procurement supply chains.
 Sectoral pilot exercise for medical sector to gauge
size of the problem.
 Compile a guide on best practice to help public
authorities avoid purchasing counterfeit products.
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ACTION 10
 Work with Observatory to report on level of and
trends of IP infringement (Pilot studies following
RAND and cooperation with OECD underway).
 Develop academic network (via workshops) to
develop economic research on IP enforcement policy
questions.
 Biennial report, IP in the EU economy, for more
effective monitoring of the impact of the EU's IP
enforcement policy.
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FURTHER INFORMATION:
 http://ec.europa.eu/internal_market/iprenforcement/actionplan/index_en.htm
 http://ec.europa.eu/internal_market/iprenforcement/workshops/
index_en.htm
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Activity 2.1.3
Thank you!
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