Intellectual property rights infringements

 

SUMMARY OF:

Regulation (EU) No 386/2012 on the European Observatory on Infringements of Intellectual Property Rights

WHAT IS THE AIM OF THIS REGULATION?

It entrusts the EU Intellectual Property Office, EUIPO (formerly the Office for Harmonization in the Internal Market, OHIM), with tasks supporting the activities of national authorities, the private sector and EU institutions in the fight against infringements of intellectual property rights (IPR) covered by Directive 2004/48/EC.

KEY POINTS

EUIPO is responsible for bringing together experts, authorities and stakeholders under the umbrella of the European Observatory on Infringements of Intellectual Property Rights (the observatory), although its tasks do not extend to participation in individual operations or investigations carried out by the competent authorities.

It has the following tasks:

• improving understanding of the value of intellectual property;
• improving understanding of the scope and impact of IPR infringements;
• enhancing knowledge of best public and private sector practices to protect IPR;
• helping to raise citizens’ awareness of the impact of IPR infringements;
• enhancing the expertise of persons involved in IPR enforcement;
• enhancing knowledge of technical tools to prevent and tackle IPR infringements, including tracking and tracing systems which help to distinguish genuine products from counterfeit ones;
• providing mechanisms which help to improve the online exchange, between EU countries working on IPR, of information relating to enforcement, and fostering cooperation;
• working, in consultation with EU countries, to foster international cooperation with IPR bodies in non-EU countries to build strategies and develop techniques, skills and tools for IPR enforcement.

Observatory meetings

At least once a year, EUIPO will host meetings of representatives from public administrations and organisations from EU countries dealing with IPR and a broad, representative and balanced range of private-sector representatives most concerned by or most experienced in the fight against IPR infringements (rights holders, including authors and other creators) as well as internet intermediaries. Consumer organisations, small and medium-sized enterprises, authors and other creators must be properly represented.

Representatives of the European Parliament and from the European Commission are invited to participate or observe, as appropriate.

Private-sector representatives meeting as part of the observatory are expected to keep EUIPO informed of their IPR-enforcement policies and strategies and to provide statistical data on infringements in their field of activity.

Work programme

EUIPO will draw up an annual work programme prioritising the observatory’s activities set out in the regulation and for the observatory meetings, in line with the EU's IPR policies and priorities and in cooperation with representatives from the observatory.

Management report

The annual management report contains at least the following information concerning EUIPO’s tasks and activities under this regulation:

• a review of the main activities carried out during the year;
• the results achieved during the year, accompanied by reports analysing the situation in the different industry and product sectors;
• an overall assessment of the fulfilment of EUIPO’s tasks;
• an overview of future activities;
• observations on the enforcement of IPR and potential future policies and strategies, including how to enhance effective cooperation with and between EU countries;
• an overall assessment of representation in the observatory.

Evaluation

A report will evaluate the regulation’s application with particular regard to its impact on IPR enforcement in the EU’s single market.

FROM WHEN DOES THIS REGULATION APPLY?

It applies from 5 June 2012.

BACKGROUND

For more information, see:

• Enforcement of intellectual property rights (European Commission)
• Counterfeit, piracy and other IPR violations (European Commission).

MAIN DOCUMENT

Regulation (EU) No 386/2012 of the European Parliament and of the Council of 19 April 2012 on entrusting the Office for Harmonization in the Internal Market (Trade Marks and Designs) with tasks related to the enforcement of intellectual property rights, including the assembling of public and private-sector representatives as a European Observatory on Infringements of Intellectual Property Rights (OJ L 129, 16.5.2012, pp. 1-6)

RELATED DOCUMENTS

Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (codification) (OJ L 154, 16.6.2017, pp. 1-99)

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, pp. 1-88)

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — A Single Market for Intellectual Property Rights: Boosting creativity and innovation to provide economic growth, high quality jobs and first class products and services in Europe (COM(2011) 287 final, 24.5.2011)

Council resolution of 25 September 2008 on a comprehensive European anti-counterfeiting and anti-piracy plan (OJ C 253, 4.10.2008, pp. 1-2)

Directive 2004/48/EC of the European Parliament and of the Council on the enforcement of intellectual property rights (OJ L 157, 30.4.2004, pp. 45-86). Text republished in corrigendum (OJ L 195, 2.6.2004, pp. 16-25).

See consolidated version.

last update 06.12.2017