Articles and monographs : 185 Documents


The European Observatory on Counterfeiting and Piracy

Document No: PUB 8/11 Posted: 13 February 2012
2012 looks like being a significant year for intellectual property enforcement in the Euro­pean Union. Whilst the ecommerce directive is unlikely to be reopened, the customs regula­tions are currently being considered, the Intellectual Property Rights Enforcement Directive (IPRED) is likely to be in the second half of the year and at some point the Anti-Counterfeiting Trade Agreement (ACTA) will come to the parliament for approval. As sig­nificant as these though will be the regulation extending the remit of the European trade mark office (OHIM/OAMI) to include responsibility for the delivery of the work of the European Observatory on Counterfeiting and Piracy.

Commission Consultation on the Enforcement Directive

Document No: PUB 7/11 Posted: 13 February 2012
The Enforcement Directive 2004/48/EC relates to the enforcement of all intellectual prop­erty rights. It was intended in particular to provide access to information concerning an al­leged infringing activity to enable a right holder to make a case in Court, and even seizure of materials. The necessary powers were already possessed, for instance, by the Courts in England and France, but not in all other EU countries. The European Commission invited comments (due by 31 March 2011) on the functioning of the Directive from interested par­ties, with a view to its amendment in due course. The Directive has been felt wanting with regard to Internet-related infringements.

Trade marks

Document No: PUB 4/11 Posted: 13 February 2012
The Report from the Max Planck Institute resulting from the Study on the Overall Func­tioning of the European Trade Mark System - to which the Federation had submitted evidence – was eventually published on 15 February 2011. The Study upheld the principle espoused by the Federation to the effect that genuine use of a Community Trade Mark Registration in one Member State was sufficient to maintain the validity of the registration against an attack based on the ground of non-use. Amongst the other recommendations, the Report advocated the use of the large surplus of funds to establish an organisation to tackle counterfeiting (the Observatory) rather than return fees to registered owners. The funds would also be distributed to operating and educational projects under the auspices of the National Offices. Both of these projects will require continuing funding by trade mark owners even though copyright and design infringements would also be covered by the pro­posals. The Commission will produce a Green Paper in 2012 setting out proposals for the reform of the Community Trade Mark Directive and Regulation taking into account the recommendations, as well as other possible changes.

Copyright Levies

Document No: PUB 3/11 Posted: 13 February 2012
Since the collapse of the Commission-backed Stakeholder Platform in early 2010, industry has focused its efforts primarily on seeking to get copyright levies back on the EU policy / legislative agenda. Against the odds, that strategy has paid off – the topic is now well and truly back in the political spotlight.

Draft European Commission Block Exemption Regulation on R&D Agreements

Document No: PUB 2/11 Posted: 13 February 2012
An item in the December 2010 issue of Trends and Events (pages 6-8) reviewed block exemption regulations (BERs) under Article 101(3) of the Treaty on the Functioning of the Euro­pean Union (TFEU), and in particular the two BERs then most relevant to Federation mem­bers, namely Regulation 772/2004 on technology transfer agreements and Regulation 2659/2000 on research and development (R&D) agreements. The second of these was due to expire at the end of the month; and the item also set out the two key points in the Federation’s submission on the Commission’s draft replacement for 2659/2000.


The Federation's achievements

Document No: PUB 1/11 Posted: 13 February 2012
One of the IP Federation’s chief lobbying tools is its policy papers. These are all available on the website at:
The policy papers on the website represent the views of the innovative and influen­tial com­panies which are members of the Federation. Members are con­sulted on their views and opinions and encouraged to debate and explore issues of practice and policy. Only after consensus is achieved are external bodies informed of the col­lective views of industry via the Federation.
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