Enforcement

European IPR Helpdesk Bulletin Issue (19)

We are pleased to inform you that a new issue of the European IPR Helpdesk Bulletin has been released and is now available online.

This Bulletin issue is largely dedicated to industrial designs - industrial design protection, where and how to search registered designs, new design innovation funding opportunities under Horizon 2020.

Read also our interview with a young Luxembourgish designer and see her vision on Intellectual Property and design protection.  

Trade fairs - our Bulletin features an article giving practical recommendations on how to minimise the risk of infringement when exhibiting new, innovative products and services.

Article of Professor Thomas Gergen explains the advantages and risks in mediation procedures, as possible alternative to solve intellectual property disputes.

As always, the Bulletin reports information about past IPR events together with some fresh news on the Helpline service. In addition, it contains the usual patent quiz and a new design crossword.

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JRC study on Patent Assertion Entities in Europe

Patent assertion is known as enforcement of a patent providing effective patent monetisation options for the patent owners from licensing activities. It has become a common practice in shaping the balance between technology creation and technology dissemination. Especially for the ICT sector, the importance of this practice has given rise to new entities that enforce patents but do not utilise the patented technology, commonly referred to as patent assertion entities (PAEs).

This study provides an overview of patent assertion practices and of patent assertion entities in Europe, taking into consideration their impact on innovation and technology transfer in European ICT markets.

The main objectives of the current study are:

  • providing a description of the different assertion strategies used by PAEs operating in Europe,
  • assessing how PAEs affect innovation and technology transfer in ICT in Europe,
  • drawing policy implications (at national or EU levels) of how innovation in ICT in Europe can be enhanced.

This report was prepared in the context of the three-year research project on European Innovation Policies for the Digital Shift (EURIPIDIS) jointly launched in 2013 by the Joint Research Centre (JRC) and DG CONNECT of the European Commission.

You may read the full report here.

 

IP Crime Report 2015/2016

The United kingdom Intellectual Property Office (UK IPO) has recently published the IP Crime Report 2015/2016. The report highlights the current and emerging threats surrounding counterfeiting and piracy, in the UK and overseas, including those conducted via the internet. The report also contains statistical data and enforcement activities from UK law enforcement agencies such as trading standards, police, border force and a number of industry bodies.

The full text of the Report is available here.

 

A new intellectual property enforcement tool: ACRIS

The EUIPO, in cooperation with the European Commission (DG Trade), has created an anti-counterfeiting tool to bring together in one database all data relating to cases of intellectual property infringement affecting EU companies in countries outside the EU.

ACRIS (Anti-Counterfeiting Rapid Intelligence System) is intended to serve as a single secure information point for both EU businesses and authorities, where companies can share intellectual property infringements testimonies in countries outside the EU and share information on the respective follow-up of these cases by local authorities.

Free and multilingual, this web-based application provides EU businesses with intelligence to help them make informed decisions about their business strategies in third countries and mitigate the risk of future infringements.

You can access the tool here.
 

ICC Report: Adjudicating Intellectual Property Disputes

The International Chamber of Commerce (ICC) has published a ground-breaking report on the adjudication of intellectual property cases worldwide, providing a snapshot of the structures and practices of specialised intellectual property jurisdictions in a group of geographically and economically diverse countries.

Based on contributions from IP litigation experts in Europe, Asia, North and Latin America, the report aims to provide a better understanding of the current landscape of specialised IP jurisdictions and the way they function.

The report is accessible here.

Conference report: “Infringements of Designs Protected by Design Law and Copyright”

The conference report for the latest Knowledge and Awareness Building Conference jointly organised by the Office for Harmonization in the Internal Market (OHIM), Europol (EU’s law enforcement agency) and Eurojust (EU's Judicial Cooperation Unit) has been released.

This latest conference, held on November 2015, focused on infringement of designs protected by design law and copyright by addressing different specific topics such as the implications of 3D printing.  

The published report compiles the presentations made by the international speakers on design infringements, the disparities in current national legislation and enforcement issues together with the main findings and conclusions of the event.

You may read the full report here.

 

Have your say on the enforcement of intellectual property rights

The European Commission has launched a consultation aimed to help assess the functioning of Directive 2004/48/EC on the enforcement of intellectual property rights (IPRED) in the online environment.

With this consultation the Commission seeks views from all interested parties, in particular rightholders, the judiciary and legal profession, intermediaries, public authorities, consumers and civil society, on the question if the legal enforcement framework is still fit for purpose.

The public consultation will be available in 6 languages (DE, EN, ES, FR, IT, PL).

To access the consultation and/or to have further information, click here.

 

Report on EU customs enforcement of intellectual property rights

The European Commission has just published a report highlighting the crucial role of EU customs authorities in fighting against counterfeit goods.

The report contains statistical information about the detentions made under customs procedures and includes data on the description, quantities and value of the goods, their provenance and the type of intellectual property right that may have been infringed.

According to the data shown, cigarettes represent the top category (35%) of articles detained, followed by toys and medicines.

Further information along with the full text of the report is available here.

 

European IPR Helpdesk Bulletin Issue (18)

We are pleased to inform you that a new issue of the European IPR Helpdesk Bulletin has been released and is now available on-line.

This Bulletin issue firstly presents Intellectual Property as an economic value for Small and Medium-sized Enterprises (SMEs) by introducing the IPR Business Insight. Reading this issue, you will also discover that companies which own intellectual property are more successful on the market and that different motives behind patenting exist depending on the size of the enterprise.

Thinking on the growing importance of the Internet as a business tool for SMEs, the Bulletin features an article on hyperlinking giving practical recommendations on how to avoid IPR infringement. Regarding the EU funded projects, this issue offers an interesting article on the applicability of the Horizon 2020 IP rules in Eurostars.

Furthermore, OHIM introduces the Harmonised Database and its advantages for trade mark applicants when building their list of goods and services.

As always, the issue reports information about training and events together with some fresh news on the Helpline service. In addition, it contains the usual patent quiz and a brand new trade mark crossword for those who enjoy challenges.

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OHIM's report on the economic cost of IPR infringement in the clothing, footwear and accessories sector

A new study from the Office for Harmonization in the Internal Market (OHIM) shows that the sale of fake clothes, shoes and accessories in the EU equals nearly 10% of the total sales in the sector throughout the EU 28 Member States.

The study, released through the European Observatory on Infringements of Intellectual Property Rights, entrusted to OHIM, also assesses the indirect effects of the counterfeit trade such as job losses.

Further information along with the full text of the report is available here.