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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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.


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.