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Category: Research

Draft evaluation and review of the IPR enforcement directive – Towards an internal market for IP enforcement

Due to the lack of a European right (except for trademarks and designs), obtaining interlocutory or permanent injunctions for the same infringement against infringers or intermediaries from several jurisdictions in the EU is often cumbersome for certain IPR, in particular copyright.

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Extending the scope of the geo-blocking prohibition: an economic assessment

On 25 May 2016, the European Commission presented a proposal for a regulation on addressing unjustified geo-blocking. New analytical paper illustrates the prevalence of geo-blocking in e-commerce and summarizes available relevant evidence. It also discusses the economic impact of lifting geo-blocking restrictions in online goods and copyrighted digital content services.

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European citizens and intellectual property: perception, awareness and behaviour

In 2013, the European Union Intellectual Property Office commissioned the study, European Citizens and Intellectual Property: Perception, Awareness and Behaviour, to explore Europeans’ attitudes towards IP; the degree to which Europeans respect these rights, and the concept as a whole.

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Draft evaluation and review of the IPR enforcement directive – Making IP enforcement fit for the digital age

Different stakeholders ask for a clarification of the scope of provisional and permanent injunctions, in particular with regard to intermediaries. A broad call is also made to generally strengthen the involvement of intermediaries in IPR enforcement.

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Draft evaluation and review of the IPR enforcement directive – Strengthening fairness and balance in the IPR civil enforcement framework

Many stakeholders ask for more legal clarity on the calculation of damages and their fairer allocation arguing that the amount of damages ordered by the courts often does not cover the harm suffered by the right holder, does not sufficiently deter the infringer from carrying out the infringement and thus provides no incentive to seek legal redress in the first place. In practice this can provide a competitive advantage to the infringer.

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Draft evaluation and review of the IPR enforcement directive – quo vadis?

In the Digital Single Market and the Single Market Strategies the Commission announced that it will review the EU intellectual property enforcement framework. In response to this announcement DG GROW evaluated the functioning of Directive 2004/48/EC on the enforcement of intellectual property rights and prepared a review of the Directive. Recent discussions between the relevant Cabinets and services involved revealed a fundamental disagreement on the general orientation of the initiative.

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EU final report on the E-commerce Sector Inquiry

On 6 May 2015, the Commission launched a sector inquiry into the electronic commerce (‘e-commerce’) of consumer goods and digital content in the EU (‘e-commerce sector inquiry’). For the purposes of the e-commerce sector inquiry, requests for information (‘questionnaires’) were addressed to stakeholders between June 2015 and March 2016. Respondents submitted in total 2 605 agreements related to the distribution of consumer goods and 6 426 licensing agreements related to the distribution of digital content.

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