On Wednesday 25 November, the European Commission presented its action plan on intellectual property to make the most of the EU's “innovative potential”, in line with the March industrial strategy, with a view to better equipping economic operators, particularly SMEs, to protect their innovations and know-how.
The institution has identified five major issues, starting with the fragmentation of the intellectual property protection landscape. European patents are subject to “costly” national validation procedures and parallel litigation in several EU countries, notes the Commission in its communication, highlighting the particular situation of pharmaceutical products, whose protection by supplementary protection certificates (SPCs) is only available at national level.
It also notes that SMEs do not make sufficient use of this protection (only 9% do so), a phenomenon correlated with the difficulties in accessing protection. It also regrets the increase in counterfeiting and piracy, which in 2016 represented a loss of no less than €121 billion, or 6.8% of European GDP. Finally, the institution notes unfair competition at world level, putting European companies in difficulty on external markets.
Therefore, the Commission wants to make progress on the rapid deployment of the unitary patent system in order to create a one-stop shop for patent protection. The ratification of the unified jurisdiction is blocked in Germany (see EUROPE 12474/17). The Bundestag, the German Parliament, is currently considering a new ratification proposal.
In the first quarter of 2021, the Commission wants to optimise the system of supplementary protection certificates and then, at the end of 2021, it wants to modernise European legislation on industrial designs in order, in particular, to support the green and digital transition. Also at the end of 2021, the institution wants to strengthen the protection of geographical indications for agricultural products with a possible proposal on a Community protection system for non-agricultural geographical indications (also planned for the last quarter of 2021). The institution wants to evaluate the plant variety legislation at the end of 2022.
To encourage the use of intellectual property, the Commission hopes to launch in the first quarter of 2021, with the help of EUIPO, the EU Intellectual Property Office, a voucher scheme to help SMEs finance intellectual property registration and advice. The institution is also considering deploying support for SMEs to use intellectual property under Horizon Europe.
Drawing lessons from the health crisis, the European Commission wants to ensure over the next year the availability of essential intellectual property in times of crisis, including new licensing tools and a system for coordinating compulsory licensing. In this context, the Commission is considering reopening the highly controversial Business Secrecy Directive and reviewing the Database Directive (third quarter 2021).
The Commission also wants to step up the fight against infringements of intellectual property rights, in particular by strengthening the role of OLAF, the European Anti-Fraud Office. Furthermore, it wants to establish, in the course of 2022, a European toolbox to combat counterfeiting and to facilitate exchanges between right holders, intermediaries and law enforcement authorities.
Satisfied SMEs
Contacted by EUROPE, Luc Hendrickx of SMEunited welcomed the fact that the European Commission is taking better account of SMEs. He also welcomed the institution's willingness to move forward on non-agricultural geographical indicators (such as soap, knives, typical textiles, etc.), although he would have preferred a little more ambition, as the Commission seems to be moving towards a new study rather than a legislative act. “The file has been on the table for 20 years”, he said, pointing out that many craftsmen have since disappeared.
To consult the action plan: https://bit.ly/33fDavP (Original version in French by Pascal Hansens)