EU Commission's project(s) to reduce the
incentives for IP infringing products to
infiltrate supply lines.
EU Action Plan on the
enforcement of IP
Combating Counterfeit and
Substandard ICT Devices”, ITU,
Geneva, Switzerland, 17 and 18
November
2014.
28 October 2014
Communication "Towards a renewed consensus on the
enforcement of IPR: An EU Action Plan" of 01.07.2014
The objectives
• Focus on commercial scale
• Prevention
• Assistance
• Cooperation
Consulting other Institutions
The Council (Italian Presidency)
– Council conclusions on IPR Enforcement
European Parliament
JURI lead | IMCO (S&D in charge of the non-legislative opinion)
European Economic and Social Committee
Mr Almeida Freire (PT-I)
10 actions in 3 blocks
A role for all
actors along
the IP-value
chain
1. Communication & awareness
campaigns
4. Assisting SMEs to enforce
their rights: low value claims
2. Rightholders responsibility &
integrity of supply chains
5. Assisting SMEs to enforce
their rights: national financed
schemes assisting SMEs
3. Follow the money: MoUs
with payment, advertising and
shipping industries
Public Authorities
working together
Better monitoring and
targeting of IP
enforcement policy
6. Consumers: Green Paper
on chargeback systems
7. Cooperation between national authorities: IP
Enforcement Expert Group
8. Training
programmes
9. Public procurement & IP:
guide on best practice
10. Biennial report on the economic impact of
EU's IP policy
Integrity of supply chains (Action 2)
• Workshop
2014
• JRC technical
report
(overview
standards and
T&T
technologies)
• Green paper?
2015
• Develop EU
wide due
diligence
scheme(s) to
prevent risks
of IP
infringing
behaviour.
Public procurement - a guide (Action 9)
2014
• Consultation
• Discuss in
Expert Group
2015
• Consultations
• Pilot in the
medical sector
WHY THIS ACTION?
• A) Growing concern about the infiltration of IP-infringing
products/components in legitimate supply chains:
• Anecdotal evidence/research: semiconductors & electronic
components, medical sector etc.(ICC/BASCAP)
• Defence sector work .
• Legitimate question: are IP-infringing products reaching many
public service supply lines (health, defence, education,
administration)?
WHY THIS ACTION?
B) Industry claims:
• In the context of the trade secrets protection file, industry
raised the question of the protection of confidential information
in tender procedures:
• EESC debate in March 2014,
• Construction & engineering services (e.g. energy
saving, gas emission controls)
C) Although EU Public procurement rules are mindful of
the need to respect IP in tender procedures there is little
guidance/awareness on this issue.
Follow the money (Action 3 and 6)
2014
• Online
platforms
• Advertising
• Payments
• Fact finding
meetings
2015
• Stakeholder
dialogue
• Public consultation
• Observatory role
WHAT DO WE NEED TO DO TO GET THERE?
[the process]
A) Consultation of public authorities to exchange views on
the problem of IP infringing products infiltrating public
procurement supply chains.
• Expert Group on Enforcement of IP
• Thematic workshops organised by the EU Observatory on
infringements of IPRs – "to allow public authorities from
different Member States to discuss the problems they have
encountered and to exchange best practice"
B) Sectoral pilot exercises to try and gauge size of the
problem.
WHAT DO WE NEED TO DO TO GET THERE?
[the process]
In addition, other initiatives are foreseeable:
C) Wider consultation of (private) stakeholders through a
call for evidence/public consultation.
D) Bilateral exchanges with public & private stakeholders
such as today's
E) Additional specific workshops? E.g. economics workshop?
Further information
FURTHER INFORMATION:
http://ec.europa.eu/internal_market/iprenforcement/actionplan/index_en.htm