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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Tackling counterfeiting and piracy across the EU – the impact of a coordinated approach

Intensive cooperation and coordination between enforcement authorities at EU level has led to the seizure of millions of fake and possibly harmful products and has helped to take down several transnational criminal networks. At the forefront of this cooperation is the Intellectual Property Crime Coordinated Coalition (IPC3), set up within the current structure of Europol, the European Union Agency for Law Enforcement Cooperation, and co-funded by the European Union Intellectual Property Office (EUIPO) since July 2016.

Find out more here

The European IPR Helpdesk is looking for case studies: tell us about your IP success story

Would you like your IP success story to be known by thousands of people around Europe?

What about becoming a source of inspiration to SMEs, institutions and researchers?

Tempted?

Then, tell your story as one of the European IPR Helpdesk's case studies and we will spread your success all around Europe!

Case studies are part of the range of publications developed by the European IPR Helpdesk in order to increase awareness of IP. Case studies contain concrete examples on how SMEs, institutions or academics use IP to achieve business success.

The European IPR Helpdesk disseminates case studies free of charge to an audience of more than 13,000 people through its website and through its newsletters, with around 8,000 subscribers.

Check our library if you would like to find out more about our case studies and contact the European IPR Helpdesk's IP advisors, Alejandra Aluja (alejandra.aluja@iprhelpdesk.eu) and Paula Barnola (paula.barnola@iprhelpdesk.eu), if you would like your case study published by the European IPR Helpdesk.

We are looking forward to hearing about your success story!

Domain names and cybersquatting

The Internet has created plenty of opportunities for small and medium-sized enterprises (SMEs) as it has revolutionised the dynamics of international commerce and is an excellent means to boost brand visibility.

The Internet acts as a gateway for SMEs, but it is also an ideal platform for infringers to sell counterfeit products and commit fraud. One of the most significant challenges related to Internet fraud is cybersquatting.

This fact sheet aims to present the issue of domain name ownership and registration, their relationship to trade marks as well as explaining the issue of cybersquatting and the available dispute resolution mechanisms that may be used by SMEs to protect their businesses online.

 

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Research on Online Business Models Infringing IPRs

On 24 October 2017 the European Union Intellectual Property Office (EUIPO) launched a new report regarding intellectual property rights infringement and domain name abuse.

Namely, in a two month period between December 2016 and January 2017, more than 27,000 e-shops in four EU Member States may have marketed products which infringe trade marks. The report shows that of these e-shops, over 21,000 were using domain names that had previously been registered in the name of others.

The four studied Member States were Spain, Sweden, Germany and the UK.

The report is a follow-up on the 2016 EUIPO report on Online Business Models Infringing Intellectual Property Rights, which detailed a business practice in Denmark and showed that this model is also used to market goods to consumers in Sweden, Germany, UK and Spain, and possibly other EU Member States.

Read the full report here.

INTA study on how companies are using the New gTLD Program

At the beginning of this year INTA commissioned a survey to determine the impact that the New gTLD Program has had on companies' enforcement costs. 

While the goal of the New gTLD Program was to enhance competition and consumer choice, the study showed that most trade mark owners are purchasing new gTLDs to prevent infringement. 

Find out more about INTA's conclusions and its survey report here

Two new reports on counterfeiting and piracy published by EUIPO

The European Observatory on Infringements of Intellectual Property Rights, integrated in the structure of the European Union Intellectual Property Office (EUIPO), has recently published two reports on counterfeiting and piracy.

The first one, "Mapping the Real Routes of Trade in Fake Goods", has been produced in cooperation with  the Organisation for Economic Co-operation and Development (OECD) and assesses the routes associated with the global trade in counterfeit and pirated goods. 

The second one, "2017 Situation Report on Counterfeiting and Piracy in the European Union", has been drawn up in partnership with Europol and is intended to update policimakers, practicioners, businesses and the general public on the current counterfeiting and piracy landscape in the European Union. 

Find out more about these reports here

EUIPO report: An average company spends 115k EUR annually on IP enforcement

 
The European Union Intellectual Property Office (EUIPO), acting through the European Observatory on Infringements of Intellectual Property Rights has published a report on "private costs of enforcement of IPR", analysing the impact of counterfeiting and piracy by quantifying the costs borne by companies in dealing with IP infringement. 
 
The study is based on a survey of 1,291 companies in 14 EU Member States, which provided a detailed picture of the resources used to detect and combat infringements by both small and large companies. 
 
According to the findings of the study, an average company spends 115,317 EUR per year on enforcement-related activities. Not surprisingly, this amount varies depending on the size of the companies. The report reveals that while for the small companies (having fewer than 50 employees), the average expenditure on IP enforcement is 83,653 EUR per year, for medium-sized companies (with 50-250 employees), the outlay increases to 103,166 EUR. Finally, in the case of large companies, those with more than 250 employees, the IP enforcement costs amount to 159,132 EUR per year. 
 
To read the whole report, please click here.
 

European IPR Helpdesk Bulletin Issue (24)

We are pleased to inform you that Issue 24 of the European IPR Helpdesk Bulletin has been published and is now available online.

This Bulletin issue is largely dedicated to trade marks and their importance for businesses.

An article from WIPO explains the different ways to obtain trade mark protection and a contribution from the EUIPO provides several updates on the EUTM regime and other relevant issues regarding, inter alia, enforcement. 

EUIPO's EU Observatory on Infringements of Intellectual Property provides some valuable information regarding two useful databases aimed at tackling IP infringements.

INTA reveals the basics of trade names in its article, and our interview with Design and Engineering Company reflects the importance of trade marks for SMEs and their management. 

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 our brand new trade mark soup.

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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.