Industrial Property Rights Strategy for Europe - guide
16 July 2008by eub2 -- last modified 16 July 2008
The European Commission adopted on 16 July two initiatives in the area of copyright. First, the Commission proposes to align the copyright term for performers with that applicable to authors, in this way bridging the income gap that performers face toward the end of their lives. Second, the Commission proposes to fully harmonise the copyright term that applies to co-written musical compositions. In parallel, the Commission also adopted a Green Paper on Copyright in the Knowledge Economy. The consultation document focuses on topics that appear relevant for the development of a modern economy, driven by the rapid dissemination of knowledge and information. Both of these initiatives comprise a unique mix of social, economic and cultural measures aimed at maintaining Europe as a prime location for cultural creators in the entertainment and knowledge sectors.
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1. What are industrial property rights?
Intellectual property
rights refer to the rights associated with creations of the mind like
inventions, literary and artistic works, symbols, and designs. Intellectual
property is usually divided into two categories: copyright and industrial
property. Copyright includes literary and artistic creations like novels, poems,
paintings, music and photographs. Industrial property rights include patents for
inventions, trade marks, industrial designs, plant variety rights, and
geographical indications.
2. Why are industrial property rights important for
Europe?
Protection of intellectual (and industrial) property is a key
framework condition for innovation, stimulating R&D investment and transfer
of knowledge from the laboratory to the marketplace. For example patents give an
incentive to innovate by awarding an exclusive right to use a new invention for
a limited period. European businesses need strong industrial property rights to
maintain their competitive advantage in the global economy through
innovation.
3. Why do we need action at EU level?
Protection for most
industrial property rights exists at EU level. A coherent policy is therefore
necessary for European businesses to benefit fully from opportunities within the
Single Market. The Communication mentions where action is more appropriate at
Member State level.
4. Why does the Communication focus on industrial property rights, what
about copyright?
The Communication is part of a package on intellectual
property rights adopted by the Commission at the same time. The other elements
are a proposal to extend the term of copyright on sound recordings and a Green
Paper on copyright in the knowledge-economy, which intends to launch a
consultation process. However, the Communication does include copyright in order
to present a coherent picture on the fight against counterfeiting and piracy,
where issues concerned by industrial property and copyright are interlinked.
5. What subjects does the Communication cover?
The Communication
sets out a coherent framework for different categories of industrial property
rights. Subjects covered include the quality of industrial property rights,
support for small and medium-sized enterprises, and the fight against
counterfeiting and piracy. These are covered with relation to action in the EU
and the international dimension with third countries.
6. What are the main actions in the Communication?
The
Communication proposes studies, consultations and other non-legislative
initiatives. Examples include improved cooperation within and between Member
States to fight against counterfeiting and piracy, a study on patent quality in
Europe, and assessment of the potential for continued and expanded support for
SMEs in third countries.
7. How does this all relate to the Community patent?
Last year, the
Commission launched a Communication "Enhancing the patent system in Europe".
This has revitalised the discussion on the Community patent and jurisdiction
system towards finding solutions on patents. This Communication on industrial
property rights is a wider reflection on future initiatives. It does not deal
with the Community patent and jurisdiction, but nevertheless stresses the
importance of an urgent adoption of the Community patent for EU
competitiveness.
8. Why is the Commission launching this Communication now?
A strong
and balanced IPR system is a driving force for promoting innovation and
improving competitiveness. In the 2008-2010 cycle of the renewed Lisbon strategy
for growth and jobs, the investment in knowledge and innovation is one of the
four priority areas for focused actions. In order for Europe to respond to the
challenges of the global economy, a strategy on industrial property rights is
needed to ensure a high-quality, affordable, consistent and balanced
system.
On patents, the Commission conducted a consultation on the future of patent system in Europe in 2006. The Communication is a general strategy covering the full range of industrial property rights. Further stakeholder consultation will take place on the specific individual actions
Source: European Commission