Brussels, 24/05/2011 (Agence Europe) - The communication adopted by the European Commission on Tuesday 24 May stipulates that a fully integrated single market for intellectual property rights (IPR) “is one of the most practical ways of releasing Europe's innovation and creativity potential and enabling it to convert ideas into economic growth and quality jobs”. This document sets out 19 initiatives for developing a genuine single market for intellectual property, which is currently lacking in Europe.
IPR covers patents, trademarks, designs and geographical indications, as well as copyright and related rights (for performers, producers and broadcasters), which have been around for centuries. In the last few years, technological change and, in particular, the growing importance of online activities, have completely changed the world in which IPR operate. According to the Commission press statement, the existing mix of European and national rules are no longer adapted and need to be modernised. That is why the Commission has now adopted a comprehensive strategy to revamp the legal framework in which IPR operate. The objective is to enable inventors, creators, users and consumers to adapt to the new circumstances and to enhance new business opportunities. Consumers will benefit from wider and easier access to information and cultural content, for example online music.
Internal Market Commissioner Michel Barnier explained that copyright-based creative industries account for approximately 1.4 million SMEs and 3% of jobs (almost 7 million) in the EU. In each EU country, the 10 main brands account for an average of around 9% of per capita GDP. The commissioner asserted that “without innovation, there is no sustainable economic performance”.
Regarding the European patents system, Barnier said that he hoped that during his mandate as a European commissioner, they would be able to grant the first single European patent.
At the end of next summer, the Commission will be submitting proposals for creating a single legal framework for managing copyright. The objective is to set out common rules on governance, transparency and efficient monitoring, including rules on collectively managed revenue. Barnier said that “on this basis, collective management companies are often national enterprises and often fragmented but would be able to grant multi-territorial licenses more easily and pool their patent lists to the benefit of more customers”. On the question of cultural heritage (museums, libraries and archives), the Commission adopted a draft proposal on orphan works. The objective is to facilitate the preservation and distribution of these works, whose authors are anonymous.
In 2011, the Commission will launch a consultation (Green Paper) on the online distribution of audiovisual works, with a view to presenting a report in 2012. The consultation will address copyright issues, video-on-demand services, their introduction in the media chronology, the cross-border licensing of broadcasting services, licensing efficiency and the aspect of promotion of European works. The audiovisual Green Paper will also address the status of audiovisual authors and their participation in the benefits of online revenue streams. Private copy: the proper functioning of the internal market also requires conciliation of private copying levies with the free movements of goods to enable the smooth cross-border trade in goods that are subject to private copying levies. The Commission would like to relaunch work with stakeholders in order to develop a European legislative framework.
The third major chapter is on trademarks, trade secrets and indications of origin. The commissioner explained that 1 million trademarks have been registered. He also said that they need to work on trade secrets and geographical indications of origin for non-food products such as glass from Bohemia, lace from Bruges, marble from Carrara and knives from Solingen. Barnier explained that he wanted to create a common framework for protecting controlled designations of origin.
Another area in which developments are taking place involves implementation of a strategy against piracy and counterfeiting. The creative sector has estimated that in 2008 piracy cost €10 billion and more than 180,000 jobs in the European record, film, television and software industry. The Commission will be promoting awareness campaigns and improving cooperation with countries where these counterfeit products come from (China, Africa), as well as increasing resources for detecting counterfeit products and improving legal supplies. The commissioner warned that new trade models would be difficult to develop if investment were not protected against “free ride” sites, which broadcast protected works without any authorisation. This does not necessarily mean criminalising this activity, he said.
Customs. The Commission has also adopted a communication on the single market for intellectual property rights and a draft directive for certain authorised use of orphan works, a proposal that involves customs controlling respect for intellectual copyright. In 2009 alone, the customs authorities intercepted more than 40,000 parcels suspected of containing 118 different articles or goods. The proposal also aims to cover small parcels containing counterfeit products sent in the post which are a result, in the vast majority of cases, of transactions made over the internet. (L.C./transl.fl)