Ms. Jennifer E. LaygoHo Chi Minh, 17 October 2018

EU Regional and International Framework on IPR Enforcement

THE ACTORS IN THE EU

Policy & Legal Framework

Data Collection and Analysis

Investigation & Operations

Cooperation

making rules, providing tools, cooperating with third countries

coordinating mutual assistance and investigations

the 28 National Customs Authorities of the EU

Customs Cooperation Working Party: operational cooperation among

national customs to increase enforcement capabilities

the national police forces of the 28 EU

Member states

the EU’s law enforcement agency, fighting serious and

organised crimes

all supported by the EUIPO’s

Observatory on

infringements of IPRsJudicial coordination

and cooperation

POLICY AND LEGAL FRAMEWORK

• Directive on the enforcement of intellectual property rights ('IPRED’)• Guidance Communication

• clarifying the provisions of IPRED: its scope, rules on obtaining and preserving evidence, injunctions, or calculation of damages

• Action Plan on the Enforcement of Intellectual Property Rights• ”FOLLOW THE MONEY APPROACH” - Rather than penalising the

citizen for infringing intellectual property rights (often unknowingly), these measures seek to deprive commercial scale infringers of the revenue flows that draw them into such activities.

DATA COLLECTION AND ANALYSIS

The European Observatory on Infringements

of Intellectual Property Rights

(EUIPO)

THE OBSERVATORY IS A NETWORK

• LEGAL BASIS:- Regulation (EU) No 386/2012 of 19 April 2012- Observatory goes from Commission to OHIM (EUIPO)

• Network:- All Member States- 67 European and international associations and private sector- 8 Associations representing consumers and civil society- 10 MEPS- European Commission (GROW, TAXUD, TRADE, CNECT, OLAF, JRC)- EU and International organisations (CEPOL, Europol, Eurojust, EPO, WIPO, Interpol,

WCO, OECD and UNICRI)- Plus “Observers”: UNICRI, OECD, CPVO, European Audiovisual Observatory, Robert

Shuman Foundation)

OBSERVATORY GOALS 2014-2018

GOAL 1: FACTS AND EVIDENCE

IP Contribution Europeans and IP

Infringement Quantification

DATA EXCHANGE FOR ENFORCEMENT

• COPIS

o product information authentic/infringingo supply chain authentic/infringingo contact detailso seizures

• EDB o interfaced with COPISo IPR official informationo product information authentic/infringingo supply chain authentic/infringingo contact detailso ALERTS (+web infringements)

• OLAF’S AFIS PORTALo secure webmailo Customs Information System (CIS): suspicious cases and seizureso platform for single operationso Container Status Messages repository (CSM)

• EC’S RISK INFORMATION FORMo for sharing alerts on risks, threats, new trends and modus operandio for frontline officers, to be treated immediately and reported (legal

obligation in the UCC)

for general customs enforcement

GOAL 2: TOOLS AND RESOURCES

EDBACISTACRISOrphan Works DBAgoratekaCase Law DB on IPR enforcement

ORPHAN WORKS DATABASE

DIGITALISATIONAND DISPLAY ON LINE

DILIGENT SEARCH

PUBLICLY ACCESIBLEDATABASE

THE EU DIRECTIVE ON ORPHAN WORKS

AGROTEKA: Online since 26 September 2016

GOAL 2: KNOWLEDGE SHARING

EIPPNCEPOL/EUIPO trainingEurojust/Europol/EUIPO seminarsRegional SeminarsVirtual Training Centre

GOAL 2: COOPERATION WITH EUROPOL

• Grant scheme established in 2016: EUIPO decides to fund Europol;• Increased operational results achieved by Europol between 2016 and

2017;• More consistent “follow the money” approach;• From 2018 onwards increased EUIPO support to compensate lack of

funding from EC due to EMPACT exclusion.

GOAL 3: RAISING AWARENESS

https://www.facebook.com/IdeasPowered

https://twitter.com/IdeasPowered

GOAL 2: RAISING AWARENESS

Broad dissemination of the results of the studies

• Encouraging cooperation between LEAs and testing effectiveness of analysis and actions• The Customs have identified a “model” for Joint Customs Operations (JCOs), usually

supported by OLAF:• Preparatory phase: threat assessment and business case approved; Operational Plan

including setting up of a Virtual and/or Physical Operation Coordination Unit (V/P-OCU) if necessary

• Pre-operational phase: testing communication; sharing list of information for riskanalysis and targeting

• Operational phase: in a limited period of time: monitoring, analysis, decision and actionthrough NCPs; seizures stored (“reports”)

• Post-operational phase: all open cases are closed and all stored data is anonymized;results assessed; final report, with recommendations if needed; investigations follow up

INVESTIGATION AND OPERATIONS

COOPERATION

• The Commission:- supports EU companies, especially small and medium-sized enterprises (SMEs) to

better manage and take advantage of IPR in the EU and beyond- encourages trading partners to respect IPR, as this also contributes to their economic

development• The Directorate-General for Trade works to improve the protection of intellectual

property rights in non-EU countries:- Report on the protection and enforcement of intellectual property rights inthird countries

- with the aid of the EU Observatory

ARISE + IPR IP KEY SEA• Support for the ASEAN Network

of IPR Enforcement Experts (ANIEE)

• Roundtable for the Judiciary and Exchange of best practices for Mediators

• ASEAN Enforcement Tools • Best practices for IPR Enforcement Officials

• Roundtable for SEA judges

• Study on illicit trade and IPR protection in the digital world

• Illicit trade environment index report

THANK YOU

@IPKey_EU