commission
Towards a juridical framework of intellectual property rights
Boosting and protecting creativity; promoting access to a vast array of goods and services; supporting a fundamental economic sector in Europe: these are the features of the “Global innovation strategy” presented on May 24 by the EU Commission to finalize the legal framework in which intellectual property rights (IPR) operate. The objective is “to enable inventors, creators, users and consumers to adapt to the new circumstances and to enhance new business opportunities”.Research, innovation. Intellectual property rights (IPR), which comprise patents, trademarks, designs and geographical indications, as well as copyright (authors’ rights) and rights related to copyright (for performers, producers and broadcasters) have been around for centuries. “Often” points out the Commission, “without our even realising, they affect our daily lives”, they protect “the technology we use (cars, mobile phones, trains), the food we eat and the music we listen to or the films we watch”. But over the past years, “technological change and, in particular, the growing importance of online activities, have completely changed the world in which IPR operate”. The existing mix of European and national rules “are no longer adapted and need to be modernised”. Hence the Executive’s proposal: “The new rules will strike the right balance between promoting creation and innovation, in part by ensuring reward and investment for creators and, on the other hand, promoting the widest possible access to goods and services protected by IPR”. The advanced proposal “will make a real difference to businesses (from the individual artist working alone to the big pharmaceutical companies) by encouraging investment in innovation. This will benefit the EU’s growth and competitiveness”.Creative industries and GDP. IPR comprises patents, trademarks, as well as rights related to copyright of online music and so-called “orphan works” that will allow many cultural works to be accessible online. In addressing the issue the EU Commission underlined that intellectual property rights are “essential for Europe’s economy” and a “thrust for growth”. In 2009, the value of the top 10 brands in EU countries amounted to almost 9% of GDP on average. Copyright-based creative industries such as software, book and newspaper publishing, music and film, contribute 3.3% to EU GDP and account for approximately 1.4 million SMEs, representing 8 million jobs. Internal Market Commissioner Michel Barnier explained: “”Ensuring the right level of protection of intellectual property rights in the single market is essential for Europe’s economy. Progress depends on new ideas and new knowledge”, “There will be no investment in innovation if rights are not protected”. On the other hand, consumers and users “need to have access to cultural content, for new business models and cultural diversity to both thrive”.The role of Customs. The claim was reiterated by the Commissioner responsible for Customs Algirdas Semeta: “Customs are ideally placed at the border, to protect citizens and legitimate businesses and their contribution is highly valuable in fighting counterfeiting and piracy”. “I am convinced that a robust system of intellectual property rights is essential for the whole EU economy”. Thanks to the proposal, “customs will be able to provide greater protection for IPR and to better tackle the trade in IPR infringing goods”.Patents, trademarks and GIs. The Commission’s strategy set out a series of policy actions. As relates to patents, the Commission launched a proposal for unitary patent protection while “work will continue on proposals relating to the creation of a specialised patent court for the classical European patents and the future European patents”, also to reduce litigation costs and the time it takes to resolve patent disputes. Other measures focus on trademarks and Geographic Indication (GIs) that “secure a link between a product’s quality and its geographical origin”. Further measures refer to multi-territorial copyright licensing, “digital libraries” (that preserve and disseminate Europe’s rich cultural and intellectual heritage), IPR protection against counterfeiting and piracy, focusing on the internet area.