Evaluations at the EC (the IP context)
Kamil Kiljański
Geneva, 6 October 2011
Outline
 Policy assessment over the legislative cycle.
 Methodology and institutional set-up.
 Experience in IP impact assessments and evaluations.
Page  2
The Policy Cycle
Analyse actual
vs. expected
Identify and
measure
problems
Monitor results
and assess
progress
Set objectives
Identify possible
solutions (policy
options)
Implementation
Measure their
impact
Adoption
Identify indicators
to monitor
progress
Page  3
Choose the
“best”
solution*
Impact Assessment: key analytical steps
Problem definition
Objectives
N° 1:
Make trade-offs
apparent
Policy options
Impact analysis
N° 3:
Not just
“common
sense”, but
evidence!
Comparison of options
N° 2:
Not just ticking
off boxes, but
“rule of reason”
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N° 4
Being transparent
Monitoring and evaluation
The institutional set-up.
 Centralised review: Impact Assessment Board (Secretary General).
 Decentralised ‘production’ (individual Directorates General).
– Policy unit (evidence, consultation and drafting).
– Economic analysis unit (fresh pair of eyes).
 Transparency: roadmaps, joint publication of IA and IAB opinion.
 The broader context (European Parliament).
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Evaluations (ex post assessment).
 More frequent for spending programmes than legislation.
 The evaluation ‘mandate’.
– Resources and timing.
– Scope.
– Choice of the counterfactual (reference scenario).
– Stakeholder consultation and data gathering.
– Outsourcing.
 The evaluation criteria:
– Effectiveness (indicators) and efficiency (least cost?).
– Distributional effects (and unintended consequences).
– Consistency with other related initiatives.
Page  6
IP evaluation so far (completed).
2004
IA Directive amending Directive 98/71/EC on the legal protection of designs
2005
IA accompanying the decision on accession to Hague agreement on Designs
IA on copyright in the online music sector
2008
IA on Directive 2006/116 on term of protection of copyright and related rights
2009
IA on the fees payable to the OHIM and on the Community trade mark
2010
IA on the translation arrangements for the EU patent
2011
IA on enhanced cooperation in the creation of unitary patent protection
Study on the overall functioning of the trademark system in Europe
IA on the cross-border access to orphan works
IA on European Observatory on Counterfeiting and Piracy
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Trademark study (Max-Planck Institute, 2011)
 Hybrid approach:
– Interviews with national patent offices and user organisations.
– User survey (by Allensbach, ~1500 respondents).
– Econometric analysis (INNO-Tec).
 Key issues:
– Relationship between CTM and national systems (‘coexistence principle’).
– Cooperation between OHIM and national offices.
– Further harmonisation of trademark procedures.
– ‘Genuine use’.
– Enforcement activities.
– Usage of fees.
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IP evaluations in the pipeline.
 IA on Collective Rights Management
 IA on the revision of the Community Trade Mark (OHIM) Regulation and of
the Directive approximating national trade mark laws
 Report on the resale rights directive 2001/84/CE
 Study on geographical indications
 IA on the review of the Directive on the enforcement of IPR
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