EESC CORNER: Intellectual property package

Intellectual property systems are a crucial tool for innovation and growth and enable companies, creators and inventors to generate a return on their investment in knowledge and creation.

Studies estimate that  intellectual property right-intensive sectors account for around 42% of EU GDP (worth some EUR 5.7 trillion annually), generate 38% of all jobs, and contribute to as much as 90% of EU exports. The digital revolution has opened up a wealth of new opportunities, but has also exposed EU IPRs to new and greater risks by facilitating the on-line movement of counterfeit goods and content, confusing consumers as to what is counterfeit and what is genuine and legal, and making it more difficult to identify criminals. Counterfeit or pirated goods currently account for 2.5% of global trade and EU industry is badly affected, especially in sectors where EU businesses are world leaders.

The Commission proposes measures to ensure that intellectual property rights are well protected, thereby encouraging European companies to invest in innovation and creativity. The package set out measures in four main sections: measures to make it easier for IP stakeholders to benefit from a homogeneous, fair and effective judicial enforcement system in the EU; actions to support industry-led initiatives to combat IP infringements; initiatives to strengthen the capacity of customs and other authorities to enforce IP rights; measures to strengthen efforts to fight IP infringements on a global scale, by promoting best practices and stepping up cooperation with third countries.

The EESC draws attention to the importance of safeguarding the general interest of society as a whole by ensuring that the value created is distributed fairly between the different intellectual property stakeholders and also supports the FRAND (fair, reasonable and non-discriminatory) principles in relation to standard-essential patents. More specifically, the Committee advocates a balance between the fair recognition of intellectual property rights and the development of innovations that can bring real benefits to society as a whole. In order to improve management of conflicts, the EESC recommends that a European mediation network be set up, to work in line with the decisions of the Court of Justice of the European Union. With a view to strengthening the enforcement of intellectual property rights, the Committee supports all the Commission’s recommendations aimed at improving the legal forum instrument.

 

Marie Zvolská, Group I – Employers

Volume XVII, 3-2018

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