The work of the European Observatory on Infringements of Intellectual Property Rights in the Digital Environnent Jessica LEWIS European Observatory on Infringement of IP rights 30/11/2012

Delivering independent data Raising consumer awareness The EU Observatory First established in Brussels in April 2009 with a number of key tasks: Delivering independent data Raising consumer awareness Additional tasks (best practices, training, research, international cooperation). Successful launching New setting needed for operational activities. Improve evidence trough data collection and the analysis of the overall scope, scale and impact of IPR infingements in the EU. Improve cooperation and collaboration between those engaged in protecting and enforcing IPR Ensure dissimination of best practices in enforcement (public and private) Develop greater consumer awarness

OHIM and enforcement related activities In order to carry out extended number of tasks, EC proposed to transfer the Observatory to the OHIM. This was carried out it two phases: MoU (April 2011) – commitment to deliver technical support for : Public awareness activities Trainings Data collection Spreading best practices Regulation 386/2012 (June 2012) to entrust OHIM with the functioning of the Observatory Activities as above + new competences in the are of: International cooperation/technical assistance and trainings for 3rd countries Enhance the knowledge on technical tools

The Regulation 3rd Whereas: A sound, harmonised and progressive approach to intellectual property rights is fundamental in the endeavour to fulfil the ambitions of the Europe 2020 Strategy including A Digital Agenda for Europe

Process Steps undertaken after the adoption of the Regulation: Wide consultation to gain views On the basis of responses: work programme 2013 drafted, presented to the Plenary in September 2012 Formal adoption after presentation to the Administrative Board of the Office in November 2012 Overall philosophy : Learn, Understand, Act Working method : detailed projects with involvement of stakeholders in the working groups.

Representatives of Member States, Commission and European Parliament Observatory network Representatives of Member States, Commission and European Parliament Private Sector Consumers and Civil Society International Organizations 38 private stakeholders, 27 public stakeholders + Croatia, Observers like EUROPOL, INTERPOL, WIPO, EPO, OECD

New Department « Observatory » Since 1 October 2012, the Observatory has become a new Departement at the OHIM: Observatory Operations Academy Chief Economist P. Maier (as from January 2013) , A. di Carlo, H. Bello, N. Wajsman

New projects & the digital environment Developing a model and system for data collection Mapping new business models EU Orphan works registry

Developing a model and system for data collection In order to be able to rely on solid data, it is important to gain a better understanding on the actual scale and impact of IP infringements on economies of member states, consumers, business, including copyright sector.

Mapping of new Business Models An in-depth study will be carried out in order to identify and benchmark the new and innovative yet sustainable business models which are developping in changing global economies (on-line distribution for example). The developement of new IP-based business models is crucial to the EU future well-being. Recital No 19 of the Regulation 386/2012

EU Orphan works registry Further to the adoption of the directive 2012/28/EU in Oct. 2012 on certain permitted uses of orphan works, the Office has been tasked with establishing and managing a publicly accessible online database of information for cultural institutions engaged in digitalisation of projects. Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works. It sets out common rules on the digitisation and online display of so-called orphan works. Orphan works are works like books, newspaper and magazine articles and films that are still protected by copyright but whose authors or other right holders are not known or cannot be located or contacted to obtain copyright permissions. Orphan works are part of the collections held by European libraries and other public bodies that might remain untouched without common rules to make their digitisation and online display legally possible.

THANK YOU.

Information: (+ 34) 965 139 100 (switchboard) (+ 34) 965 139 400 (e-business technical incidents) (+ 34) 965 131 344 (main fax) information@oami.europa.eu e-businesshelp@oami.europa.eu twitter/oamitweets youtube/oamitubes

Alicante City of OHIM OHIM – Agency of the EU / 100 000 CTMs and 80 000 RCDs/year / The EU Observatory on Infringements of IP rights Employees from 27 EU Members States / 1000 IP Professionals working … For you