January 7, 2011

Com: ACTA for IPR infringements “outside of the EU”

Print More

The European Commission quickly mentions ACTA in the Christmas review paper on the EU enforcement directive, the 2004 directive which roughly correspondonds to the civil enforcement chapter of ACTA:

Infringements of intellectual property rights taking place outside of the EU also constitute a major source of concern. The Commission is addressing them in different ways, for instance by including ambitious chapters on intellectual property rights in bilateral trade agreements and through participation in international initiatives, such as the on-going negotiation of the ACTA agreement.

Quotes are taken from the REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Application of Directive 2004/48/EC of the European Parliament and the Council of 29 April 2004 on the enforcement of intellectual property rights, SEC(2010) 1589 final, 22 Dec 2010

The report on the IPRED1 implementation, the implementation of the Fourtou Directive, does not mention anymore the exaggarated dangers of Balkan product fakes which resulted in a rushed adoption of the directive, in fact the document is used  to advocate for expanding of the enforcement framework.

The analysis shows that certain provisions of the Directive including the relationship with other Directives are understood in different ways in the different Member States and have given rise to different interpretations and application in practice. These provisions could warrant further clarifications to make the Directive fully effective.

Relationship with other directives? Indeed, the next target for strengthening European Union enforcement policies will be a shift in the balance between privacy protection and ipr enforcement interests:

The European legal framework on the protection of personal data on the one hand and enforcement of intellectual property rights on the other is neutral, in that there is no rule implying that the right to privacy should generally take precedence over the right to property or vice versa. National laws implementing the various directives must therefore be construed in a way that allows a balance to be struck between these rights in each case in order to guarantee that the provision on the right of information can protect the rightholders effectively without compromising rights relating to the protection of personal data.

and the battlefield is the Internet:

The Internet and digital technologies have added an extra, challenging dimension to enforcing intellectual property rights. On the one hand, the Internet has allowed creators, inventors and their commercial partners to find new ways to market their products. On the other hand, it has also opened the door to new forms of infringements, some of which have proved difficult to combat.