The European Commission's IP strategy in third countries · 2. IP Dialogues / Working Groups: • China: Dialogue and Working Groups, supported by technical programmes, conclusion

The European Commission's IP strategy in third countries

Jorg Weberndorfer

European Commission, DG Trade - IP Unit

Speaking in a personal capacity. The views expressed are not necessarily those of the European Commission

The Importance of IPR for the EU Economy

Study of European Patent Office and OHIM on weight of IP in EU economy:

• About half of EU industries are IP-intensive

• IP-intensive industries

o Represent 38% of EU GDP, or 4.7 trillion euros

o Provide 56 million jobs directly, 26% of EU employment, and indirectly generate another 20 million jobs

Main Problems for Global Trade

Two major challenges for IPR in global trade:

• Lack of IP protection and enforcement in 3rd countries: Discouragement for investment and trade, exposure of IPR holders, and blockage of international cooperation

• Counterfeit and pirated goods entering the EU: Negative effect on IPR holders, the EU economy, and consumers

Approach of European Commission

Strategy for protection and enforcement of IPR in 3rd countries (DG Trade, revised in June 2014)

To be seen in context with activities carried out by other DGs, in particular:

• Action Plan on Enforcement of IPR (DG Grow, June 2014)

• Customs Agreements with 3rd countries(DG Taxud)

• GI Agreements with 3rd countries (DG Agri)

• SME IPR Helpdesks (DG Grow)

Strategy for the Protection and Enforcement of IPRs in third countries (DG Trade)

Key objectives:

• Promotion of enhanced IPR standards in third countries

• Stem trade in IPR-infringing goods

, thereby ultimately enhancing EU competitiveness, growth and jobs

Strategy for the Protection and Enforcement of IPRs in third countries (DG Trade)

Important developments since 2004 (1):

• Better knowledge of importance of IP to economy

• Infringements at unprecedented levels (new technologies)

• Socio-economic costs (organised crime / health)

• Public perception (ACTA)

Strategy for the Protection and Enforcement of IPRs in third countries (DG Trade)

Important developments since 2004 (2):

• Development agenda (access to medicine)

• Emerging economies

• Research, innovation and ICT

• Environmental challenges / CBD

Strategy for the Protection and Enforcement of IPRs in third countries (DG Trade)

Revised strategy (1):

• Improving stakeholder engagement

• Providing better data

• Building on EU legislation

• Enhancing cooperation within EU

Strategy for the Protection and Enforcement of IPRs in third countries (DG Trade)

Revised strategy (2):

• Multilateral and plurilateral level (DDA)

• Bilateral level

o Bilateral trade agreements

o IP Dialogues / Working Groups

o Technical assistance

Strategy for the Protection and Enforcement of IPRs in third countries (DG Trade)

Geographical focus (1):

• Priority setting

• Biannual Commission report on the protection on the protections and enforcement of IPR in third countries

• Based on questionnaire, EU Delegations, customs figures, government actions against infringements, assessments by other bodies (OECD, WTO), political engagement and attitude, etc.

Strategy for the Protection and Enforcement of IPRs in third countries (DG Trade)

Geographical focus (2):

• Priority 1: China

• Priority 2: Argentina (), India (), Russia (), Turkey

• Priority 3: Brazil, Canada, Ecuador (), Indonesia (), Korea, Malaysia, Mexico, Philippines (), Thailand (), Ukraine, USA, Vietnam

[Out: Israel]

The Strategy in Practice (DG Trade, 10/2015)

1. Bilateral Agreements:

• Recently finished negotiations: Kazakhstan, Vietnam

• Ongoing negotiations: TTIP, Japan / Morocco, Tunisia

• Expected negotiations: Chile, Mexico, Philippines, Australia, New Zealand

• On hold: Mercosur, Malaysia, Thailand, Russia

The Strategy in Practice (DG Trade, 10/2015)

2. IP Dialogues / Working Groups:

• China: Dialogue and Working Groups, supported by technical programmes, conclusion of new MoU (June 2015), priority setting (e.g. online counterfeiting/piracy, trade secrets, link with innovation and research)

• Brazil / Ukraine: New impetus

• Korea, Taiwan, Thailand, Turkey: Regular exchange

The Strategy in Practice (DG Trade, 10/2015)

3. Technical Assistance:

• China: IPR1 / IPR2 / IP Key (2 components), until 2016

• Possibly new programmes in China, ASEAN, and Latin America (2017-2020; to be decided by College decision)

[Other funding possibilities: NEAR, DEVCO, GROW]