The EUIPO launched a new Out-Of-Commerce Works Portal, a platform where to access information about ongoing and future uses of out-of-commerce works: books, films, or visual works, that are still protected by copyright but are no longer or have never been commercially available.
Cultural heritage institutions contain millions of out-of-commerce works in their collections, which still hold value for research or education purposes or are simply entertaining.
Directive (EU) 2019/790 introduced a legal framework to support the digitisation and cross-border dissemination of out-of-commerce works. Information about these works has to be stored in a public single online portal, the creation and management of which has been entrusted to the EUIPO.
The regime will complement the measures already in place for the use of orphan works at European level such as the Orphan Works Database.
The EUIPO’s Academy offers webinar courses every Tuesday. These sessions are open to all and a live chat with the speakers will be made available. Please note that the recorded webinars are available on the EUIPO learning portal after the broadcast.
The June schedule of the webinars is as follows:
Tuesday 15 June, 10:00-11:30 (CET): IP behind and inside movies – a practical analysis of today's movie industry. Webinar organised in collaboration with the EPO - intermediate
Tuesday 22 June, 10:00-11:00 (CET): Promote creativity, innovation and entrepreneurship with IdeasPowered@school resources! - Basic
Tuesday 29 June, 10:00-11:00 (CET): The new services offered by alternative dispute resolution - Basic
Visit the Academy's Calendar to access the webinars and see the latest updates for the upcoming months.
On the EUIPO Learning Portal you can also find the following eLearning courses:
- Digital infringement study - Intermediate - Link
- Track on Case Law: Judgments of the GC and CJEU- Decisions of the EUIPO Boards of Appeal 2021 - Advanced - Link
- Introduction to the Geneva Act & Lisbon System for the International Registration of Appellations of Origin and Geographical indications - Intermediate - Link
- New Common Practices 2021: new types of trade marks and appeal proceedings - Advanced - Link
For further information please visit the Academy's Learning Portal.
WORLD ANTI-COUNTERFEITING DAY 2021: RISKS AND DAMAGES POSED BY IPR INFRINGEMENT IN EUROPE
Today is the World Anti-Counterfeiting Day and the EUIPO has launched a Pan-European Campaign to raise awareness of the risks and damages posed by IPR infringement in Europe.
According to the EUIPO study European Citizens and Intellectual Property, consumers still find it difficult to distinguish between genuine and fake goods. Nearly one in ten Europeans (9%) claimed that they were misled into buying counterfeits, with significant differences among EU Countries: Member States with a higher proportion of misled consumers are Bulgaria (19%), Romania (16%) and Hungary (15%), while Sweden (2%) and Denmark (3%) have the lowest figures within the EU.
In a context where e-commerce is booming (over 70% of Europeans shopped online in 2020, according to Eurostat) uncertainty regarding counterfeit products remains a concern among EU citizens. According to the study, a third of Europeans (33%) wondered whether a product they had bought was original.
A joint study by the EUIPO and the OECD shows that counterfeits represent 6.8% of EU imports worth EUR 121 billion and they impact every sector: cosmetics, toys, wine and beverages, electronics, clothing and even pesticides. During the COVID-19 pandemic, concern over counterfeit products has risen with a sensitive increase of counterfeit medicines and other medical products (e.g. antibiotics, painkillers, personal protective equipment, face masks, etc.).
In addition to the health and safety risks, counterfeits often lead to security breaches and financial losses. Digital piracy is another lucrative market for infringers, especially in the case of IPTV - televised content acquired through an internet connection. Providers of illegal IPTV gain almost EUR 1 billion euro every year in the EU, harming content creators and legitimate businesses.
Besides, counterfeiting not only affects consumers but also entails significant damage to the EU economy and, in particular, to SMEs. According to the IP SME scoreboard published by the EUIPO, one out of four SMEs in Europe claims to have suffered from IP infringement.
To find out more about risks and damages posed by IPR infringement in Europe, please read here and here.
ECTA is also actively contributing to the fight against counterfeiting by sharing professional experience and best practices at the EU level and beyond, inter alia in its Anti-Counterfeiting Committee.
To learn more about our Anti-Counterfeiting Committee, please click here.
June has just arrived, and we are looking forward to having you on board for our upcoming initiatives and meetings!
We are about to launch the registration for the new online ECTA Debate Club, a series of educational and networking IP sessions open to a maximum of 30 members. Here is what you can expect to debate on:
Tuesday, 15 June (14.00-15.30 CET): Registrability of trade marks against public order or morality
Thursday, 17 June (14.00-15.30 CET): NFTs – A brave new world, or the emperor’s new clothes?
Friday, 25 June (14.00-15.30 CET): Proof of use of a trade mark. A very important factor for all countries?
Tuesday, 29 June (11.00-12.30 CET): Are we in a new era in the fight against trade mark squatting in China?
All sessions are organised with the support of Knowledge Partner of the ECTA Debate Club June 2021 Koushos Korfiotis Papacharalambous LLC.
Save the date and look out for ECTA emails announcing each session separately with the respective registration link or check the ECTA Private Site/News Section. Places will be assigned on a first come-first served basis, so make sure you apply quickly!
Besides, from 21 to 25 June, we will hold online Supervisory Board and Committee Meetings. While the Supervisory Board will discuss ECTA strategic and financial aspects, Committee Meetings will be an invaluable opportunity to network with peers, advance projects and learn about recent case law, legislative and policy developments. All ECTA members are invited to join us at the Annual General Meeting on 25 June.
To consult the schedule of June events, please click here.
ECTA MEMBER’S VOICE - AT LAST: COUNTERFEITING ON THE POLITICAL PRIORITY LIST IN BRUSSELS
By Gie van den Broek, ECTA Anti-Counterfeiting Committee, LXA The Law Firm (NL) and Bartosz Krakowiak, ECTA Anti-Counterfeiting Committee, POLSERVICE Patent and Trademark Attorneys Office (PL)
Over the past years, various international institutions have hit the alarm regarding the undermining impact of counterfeit products on society as a whole. Counterfeiting costs jobs, it can endanger health, it can be interrelated with money laundering and funding of terrorism, in most cases, it is related to tax evasion. It hurts the economy and is theft of intellectual property in any case.
Counterfeit products find their way to consumers in a few online clicks nowadays.
This requires action and political courage to change the rules. With a set of conclusions under the name EMPACT (European multi-disciplinary platform against criminal threats administered by Europol), the Council of the European Union has now formally earmarked IP crime and counterfeiting as one of the priorities to be implemented in an operational action plan with an aim defined as follows:
'to combat and disrupt criminal networks and criminal individual entrepreneurs involved in IP crime and in the production, sale or distribution (physical and online) of counterfeit goods or currencies, with a specific focus on goods harmful to consumers’ health and safety, to the environment and to the EU economy.'
To find out more, please read here and here.
ECTA is a recognised discussion partner for the most important public and political bodies such as EU Institutions, EUIPO, WIPO and other national and international organizations. Yearly official meetings with the European Commission, EUIPO and WIPO allow us to maintain a strong influence on the developments impacting our members as well as on future of intellectual property rights policy and regulation. ECTA was one of the associations which successfully joined their forces to convince the decision makers at the EU and national levels to list IP crime and counterfeiting as one of the priorities for Europol’s EMPACT.