On Tuesday 19 March, the European Commission published a recommendation to improve the enforcement of intellectual property rights (IPR) and thus combat counterfeiting. In its thirty-page document, the Commission lists actions to be taken by IPR holders. It encourages them, for example, to participate in voluntary instruments such as the Memorandum of Understanding on counterfeiting and advertising.
To go further, the Commission is also proposing to designate a single contact point for IPR enforcement and to extend the use of existing tools such as the Intellectual Property Enforcement Portal. IPR-related disputes could also be handled by an alternative dispute resolution mechanism to limit costs and complexity.
In the event of non-compliance with IPR, the maximum penalties for serious criminal offences relating to intellectual property should be increased, according to the Commission.
In addition, the recommendation is particularly aimed at SMEs, for which it provides specific initiatives. These include the reimbursement of the costs of legal advice on the application of IPR, via the SME fund.
Over the next three years, the Commission and the European Union Intellectual Property Office (EUIPO) will assess the effects of this recommendation, and the Commission will then judge whether additional measures are needed to enforce IPR.
See the recommendation: https://aeur.eu/f/beo (Original version in French by Léa Marchal)