1. Strengthening the Protection and Enforcement of Intellectual Property Rights in Ukraine Activity 2.1.3 October 2014

2. Strengthening the Protection and Enforcement of Intellectual Property Rights in Ukraine Activity 2.1.3 October 2014 EU Observatory on Infringement of Intellectual Property Rights

3. EU Observatory 3 The European Observatory on Infringements of Intellectual Property Rights is a network of experts and specialist stakeholders.  Following a proposal by the Commission, backed by the European Parliament and the Council, the Observatory was fully entrusted to OHIM on 5 June 2012.  The Regulation transferring the Observatory to OHIM renamed it as the European Observatory on Infringements of Intellectual Property Rights. The Observatory will draw on OHIM's expertise, experience and resources with a view to becoming an information centre par excellence

4. 4  Provide evidence-based contributions and data to enable EU policymakers to shape effective IP enforcement policies and to support innovation and creativity  Provide data, tools and databases to support the fight against IP infringement  Provide knowledge and learning programmes for IP and enforcement authorities as well as for businesses and IP practitioners  Develop initiatives to help innovators, creators and businesses (especially SMEs) protect their IP rights  Design campaigns to raise awareness of the value of IP and the negative consequences of IP infringement EU Observatory Objectives

5.  The Observatory has now developed a Multiannual Work Plan in order to provide a longer-term perspective and integration with the Office’s Strategic Plan.  The Multiannual Plan is also the basis for the 2014 Work Programme for the Observatory, which sets out the objectives for the year ahead. 5 EU Observatory Work Plan

6. At the heart of the Multiannual Plan are the three main goals of the Observatory:  To provide facts and evidence for use in the formulation of effective IP policies by policymakers;  To create tools and resources to intensify the fight against IP infringement;  To raise awareness of IP and of the negative effects of counterfeiting and piracy. 6 EU Observatory Work Plan

7. The goals of the Observatory will be achieved by developing initiatives grouped in the following five Lines of Action:  Evidence-based contributions and data to enable EU and national policymakers to shape effective IP enforcement policies and to support innovation and creativity;  Data, tools and databases to support EU and national authorities in the fight against IP infringement;  Knowledge-building and learning programmes for enforcement authorities as well as for businesses – especially SMEs;  Campaigns to raise overall awareness of the importance of IP and the negative effects of IP infringement;  Initiatives to help right holders protect their IP rights within and outside the EU. 7 EU Observatory Work Plan

8.  Public Awareness  Enforcement  Legal and International  IP in the Digital World  Statistics and Economics EU Observatory Working groups 8 The working groups were set up on the basis of proposals by stakeholders and are used extensively by the Observatory for guiding the implementation of projects that are part of its work programme. Their fields of work range from legal matters, improved evidence building, consumer awareness and enforcement-related matters, to the growing number of issues surrounding IP in the digital world

9.  In the area of Public Awareness  Public awareness campaigns  Deepen the understanding of younger generations’ perception and behaviour towards IP  Helping SME’s protect their IP rights  Observatory Website  Improved communication of Observatory work (Quarterly newsletter)Quarterly newsletter Observatory Projects for 2014 9

10.  In the area of Enforcement  IP Enforcement Database  Anti-counterfeiting Intelligence Support Tool database (ACIST)  Joint Europol/Observatory situation report on counterfeiting in the EU  Building Knowledge and Competences in IP Enforcement Observatory Projects for 2014 10

11.  In the area of Legal and International  Identifying and Reporting on Best Practices in Enforcement  Support the Protection of IPR outside the EU Observatory Projects for 2014 11

12.  In the area of IP in the Digital World  Monitoring Development of Online legal Offers  Online IPR Infringements  Orphan Works Registry Observatory Projects for 2014 12

13.  In the area of Economics and Statistics  Quantification of Infringement  Completion of 2nd phase (firm-level analysis) of the IP Contribution Study  Detailed Study on the Economic Contribution of Geographical Indications  Research on trade secrets  Define research on Public domain and open licensing Observatory Projects for 2014 13

14. To learn more about IPR on line http://oami.europa.eu/knowledge/course/view.php?id=1507&lngcdd=true&la=en Available Search T ools 14 Search a trade mark with TMview http://tmview.europa.eu/tmview/welc ome.html Search a design with Designview https://www.tmdn.org/tmdsview- web/welcome Search on classification of products and services with TMclass http://tmclass.tmdn.org/ec2 The Enforcement Database https://www.tmdn.org/enforcementdb-ui- webapp/ Search patents with Espacenet http://www.epo.org/searching/free/espacen et.html Search plant varieties with CPVO Variety Finder http://www.cpvo.europa.eu/main/en/home/databases/c pvo-variety-finder

15. Bridging right holders and enforcers’ communication needs 15

16. DG TAXUD EUROPOL USERS ASSOCIATIONS OHIM OBSERVATORY The ENFORCEMENT DATABASE (EDB) This tool was funded and developed by OHIM through the Cooperation Fund and was transferred to the European Observatory on Infringements of Intellectual Property Rights in June 2013. 16

17. OHIM Achievements The OHIM has a large experience in the development of online tools and databases. All these applications have been developed in close collaboration with our stakeholders. The OHIM through the Observatory has been entrusted to provide data, tools and databases to support the fight against IP infringement. 17

18. What is the EDB? The EDB is a secure web based platform for IP right holders, customs and police which is built upon TM view and Design view. It was developed to help enforcement authorities to distinguish genuine goods from counterfeits. Furthermore right holders can generate a pre-filled Application for Action. RIGHT HOLDERS Right holders enter relevant information about their products into the tool, such as contact data for enforcement matters, logistics, identifiers, packaging, prior cases, etc. ENFORCEMENT AUTHORITIES Enforcers can easily access the information with one search on their desktop and have the assurance that the information is based on a valid right BUILT UPON Tmview AND DesignView 18

19. Is the EDB SECURE? The EDB is integrated into the secure DG TAXUD network for EU customs and will be integrated with a secure EU police network. Furthermore, right holders can select which enforcement authorities can view their data. It also underwent a Security Certification to guarantee the integrity and confidentiality of the data. 19

20. What are the benefits for Right Holders? The tool allows right holders to generate their application for action (AFA) in the language they need It allows right holders to create alerts for the enforcement authorities The tool is free to use Right holders can be informed about suspicious cases by the authorities With little effort from right holders, the tool helps to better protect their products 20

21. What are the benefits for Enforcers? Additional relevant information on a product Enforcers can receive alerts from the right holders Search and immediate confirmation of the validity of an IP right Information available in national languages and the relevant contact person of the company for their Member State Information available on desktops Possibility to send suspicious cases to the right holders 21

22. Where are we now? Based on the feedback from companies and customs, new functionalities and improvements will be implemented. Functional and technical upgrade Involving Users Associations represented in working groups 70 companies registered Integration with EU customs system through DG TAXUD secure network Integration EU customs A security certification is expected after a thorough security audit on technical standards and processes involved in the registration. Security certification 22

23. Start of integration phase with Customs (COPIS) May 2014 Release improvements June 2014 Release including integration with COPIS (e-AFA) November 2014 Start integration phase with police April 2015 The EDB Planning Tablet & Mobile friendly, Barcode reader Integration with IPM November 2015 23

24. Join EDB and be a part of the challenge! Request an account at observatory.edb@oami.europa.eu indicating the registered European trademark (national or community) on which the account will be based. Once the account is created, enter the relevant information. HOW CAN I REGISTER? One of the most important pieces of information is the contact details for enforcement authorities. 24

25. Customs global search 25

26. Right holders The right holders have the possibility of creating new products and upload information about them: Enforcement contact information Intellectual property right (IPR) portfolio Product information General information. Common nomenclature database. Product images classification. Logistics details. Past cases details. Related Intellectual property right (IPR). Product details The right holders can send alerts to the enforcement authorities about trends. An alert is created in the portal and the recipients can see the details. The alert is accessible from a link in the mail sent to the Enforcement Authorities and from the receiver and company dashboard. The right holders are informed about possible counterfeiting cases whom can confirm or ask for more information. Alerts and Suspicious cases 26

27. Dashboard 27

28. Product Portfolio 28

29. Product information 29

30. Company Information 30

31. Genuine Logistics 31

32. Application for action Application for Action helps to protect the IP rights on the border providing the selected custom authorities with the necessary information about your IP rights, contacts and products. The right holders can select: Main custom authority where AFA will be sent. Additional customs authority where AFA will be sent. Languages in which the AFA will be generated. IPR’s from right holder portfolio that the user wants to include in the AFA The application generates the official pdf’s with the information pre-filled. In future steps it will be integrated with COPIS and the AFA will automatically be sent to customs. Application for action 32

33. Enforcement Authorities This functionality helps the enforcement authority to send the information of possible counterfeiting cases to the rightholders and a workflow for these suspicious cases has been defined. The enforcement authorities receive the alerts from the right holders about their products. The alert is accessible from a link in the mail sent to the Enforcement Authorities and from the receiver and company dashboard. Alerts and Suspicious cases 33

34. Suspicious Cases 34

35. Alerts for Authorities 35

36. AFA Generation 36

37. AFA generated 37

38. Thank you! Activity 2.1.3 38