EU Commission's project(s) to reduce the incentives for IP infringing products to infiltrate supply lines. EU Action Plan on the enforcement of IP Combating.

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Presentation transcript:

EU Commission's project(s) to reduce the incentives for IP infringing products to infiltrate supply lines. EU Action Plan on the enforcement of IP Combating Counterfeit and Substandard ICT Devices”, ITU, Geneva, Switzerland, 17 and 18 November 2014.    28 October 2014

Focus on commercial scale Prevention Assistance Cooperation Communication "Towards a renewed consensus on the enforcement of IPR: An EU Action Plan" of 01.07.2014 The objectives Focus on commercial scale Prevention Assistance Cooperation FDI - including investments which establish or maintain lasting links between a provider of capital (investor) and an enterprise (in effect setting up, taking-over, or acquiring an important stake in a company or institution); Real estate investments or purchases; Securities investments (e.g. in shares, bonds, bills, unit trusts); Granting of loans and credits; and Other operations with financial institutions, including personal capital operations such as dowries, legacies, endowments, etc.

Consulting other Institutions The Council (Italian Presidency) – Council conclusions on IPR Enforcement European Parliament JURI lead | IMCO (S&D in charge of the non-legislative opinion) European Economic and Social Committee Mr Almeida Freire (PT-I)

10 actions in 3 blocks A role for all actors along the IP-value chain 1. Communication & awareness campaigns 4. Assisting SMEs to enforce their rights: low value claims 2. Rightholders responsibility & integrity of supply chains 5. Assisting SMEs to enforce their rights: national financed schemes assisting SMEs 3. Follow the money: MoUs with payment, advertising and shipping industries 6. Consumers: Green Paper on chargeback systems Public Authorities working together 7. Cooperation between national authorities: IP Enforcement Expert Group 8. Training programmes 9. Public procurement & IP: guide on best practice Better monitoring and targeting of IP enforcement policy 10. Biennial report on the economic impact of EU's IP policy

Integrity of supply chains (Action 2) JRC technical report (overview standards and T&T technologies) 2014 Workshop Green paper? Develop EU wide due diligence scheme(s) to prevent risks of IP infringing behaviour. 2015

Public procurement - a guide (Action 9) Consultation Discuss in Expert Group 2014 Consultations Pilot in the medical sector 2015

Why this action? A) Growing concern about the infiltration of IP-infringing products/components in legitimate supply chains: Anecdotal evidence/research: semiconductors & electronic components, medical sector etc.(ICC/BASCAP) Defence sector work . Legitimate question: are IP-infringing products reaching many public service supply lines (health, defence, education, administration)?

Why this action? B) Industry claims: EESC debate in March 2014, In the context of the trade secrets protection file, industry raised the question of the protection of confidential information in tender procedures: EESC debate in March 2014, Construction & engineering services (e.g. energy saving, gas emission controls) C) Although EU Public procurement rules are mindful of the need to respect IP in tender procedures there is little guidance/awareness on this issue.

Follow the money (Action 3 and 6) Online platforms Advertising Payments 2014 Fact finding meetings Stakeholder dialogue Public consultation Observatory role 2015

What do we NEED to do to get there? [the process] A) Consultation of public authorities to exchange views on the problem of IP infringing products infiltrating public procurement supply chains. Expert Group on Enforcement of IP Thematic workshops organised by the EU Observatory on infringements of IPRs – "to allow public authorities from different Member States to discuss the problems they have encountered and to exchange best practice" B) Sectoral pilot exercises to try and gauge size of the problem.

What do we NEED to do to get there? [the process] In addition, other initiatives are foreseeable: C) Wider consultation of (private) stakeholders through a call for evidence/public consultation. D) Bilateral exchanges with public & private stakeholders such as today's E) Additional specific workshops? E.g. economics workshop?

Further information

FURTHER INFORMATION: http://ec.europa.eu/internal_market/iprenforcement/action-plan/index_en.htm