EU to revise intellectual property rights regime

The European Commission on Tuesday unveiled plans to overhaul its legal regime on intellectual property rights, particularly with regards to patents and trademarks, copyright laws and its fight against piracy.

Announcing a raft of new proposals, to be unfolded during the next two years, Internal Market Commissioner Michel Barnier said that the strategy is meant to be a framework for various initiatives to promote creation, encourage a wide choice of quality products and services for consumers and protect rights holders.

The Commission’s strategy tackles four main areas. Patents should be the first issue to be resolved. Discussions are ongoing on the implementation and language rules for the future EU unitary patent protection. Following publication in April of its proposal for enhanced cooperation, in which Malta had already decided to participate, the Commission is aiming to be in a position to put in place the ‘single patent court’ by the beginning of next year.

The second area concerns copyright, which according to the Commission must be adapted to the digital economy. A proposal will be presented along these lines by the end of August setting out core rules on governance, transparency and supervision of collective management, in order to facilitate the delivery of multi-territorial licences. This area also concerns the broadcasting subjects to be addressed in a green paper later this year that will include the advances offered by broadband technology.

The question of private copying, which has come up against stumbling blocks on several occasions, will be taken up again with the expectation of a more effective proposal for a European legislative framework. At the end of 2012, Brussels intends to publish a report on the application of the 2001 directive on harmonisation of certain aspects of copyright and related rights in the information society. In this context, the Commission will be proposing a directive to facilitate digitisation and the availability of orphan works, meaning works whose authors are not known.

Mr Barnier announced that trademarks will also be on the Commission’s radar. The trade mark system, harmonised in the EU for almost 20 years, will be revised later this year to provide faster, more effective and more coherent registration. Noting the absence of uniform protection of business secrets and geographical indications on non-agricultural products the Commission plans to organise consultations and impact studies, and possibly to present a proposal next year.

The drive against counterfeiting and piracy will remain one of the main focuses of the EU executive in this area. Plans include draft regulation for the European Observatory on Counterfeiting and Piracy to make it more operational by attaching it to the European Office for Harmonisation in the Internal Market. The Commission said that this will help to improve information on counterfeiting and piracy.

Plans are also in hand for a revision of the directive on enforcement of intellectual property rights in the light of legal and technical changes. The Commission wants to step up the fight against infringements at the source and to encourage cooperation by technical intermediaries, such as internet service providers to eradicate piracy sites.