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INTELLECTUAL PROPERTY Copyright and related rights, protection of inventions, brand, design or Community model, INTELLECTUAL PROPERTY Copyright and related rights, protection of inventions, brand, design or Community model, counterfeiting and piracy, international treaties European Commission 1 Internal Market DG

Copyright and related rights l Copyright and related rights provide an incentive for the Copyright and related rights l Copyright and related rights provide an incentive for the creation of and investment in new works and other protected matter (music, films, print media, software, performances, broadcasts, etc. ) and their exploitation, thereby contributing to improved competitiveness, employment and innovation. The field of copyright is associated with important cultural, social and technological aspects, all of which have to be taken into account in formulating policy in this field. European Commission 2 Internal Market DG

Copyright and the Internal Market l There has been significant harmonisation of the substantive Copyright and the Internal Market l There has been significant harmonisation of the substantive copyright law to reduce barriers to trade and to adjust the framework to new forms of exploitation. l Common ground is also needed with respect to the rules on the enforcement of rights, i. e. on access to justice, sanctions and remedies regarding infringements. l In order to grasp the full potential of marketing intellectual property rights in the Internal Market, complementary measures on the management and licensing of these rights may also prove necessary. European Commission 3 Internal Market DG

The international aspects of copyright l Directorate-General Internal Market is also responsible for conducting The international aspects of copyright l Directorate-General Internal Market is also responsible for conducting negotiations on industrial and intellectual property within World Intellectual Property Organisation (WIPO) (e. g. audiovisual, broadcasting, resale right, databases, etc. ), for participating in the relevant WIPO General Assemblies, and for contributing to the work of other international fora on IPR related matters with a view to ensuring adequate protection of intellectual property rights (IPR) internationally. European Commission 4 Internal Market DG

Enforcement l The Directive 2004/48 on the enforcement of intellectual and industrial property rights Enforcement l The Directive 2004/48 on the enforcement of intellectual and industrial property rights such as copyright and related rights, trademarks, designs or patents was adopted in April 2004. European Commission 5 Internal Market DG

COUNTERFEIT GOODS AND PIRACY l Counterfeiting and piracy, and infringements of intellectual property in COUNTERFEIT GOODS AND PIRACY l Counterfeiting and piracy, and infringements of intellectual property in general, are phenomena which are becoming increasingly widespread and have now taken on an international dimension. As a result, they represent a serious threat to national economies and governments. European Commission 6 Internal Market DG

COUNTERFEIT GOODS AND PIRACY l In the European internal market, these phenomena take particular COUNTERFEIT GOODS AND PIRACY l In the European internal market, these phenomena take particular advantage of the national disparities that may exist in the means by which intellectual property rights are enforced. In other words, counterfeit and pirated products are more likely to be manufactured and sold in countries which are less effective than others in combating counterfeiting and piracy. European Commission 7 Internal Market DG

Objectives l Promoting innovation and business competitiveness: If counterfeiting and piracy are not punished Objectives l Promoting innovation and business competitiveness: If counterfeiting and piracy are not punished effectively, they can lead to a loss of confidence in the internal market. Such a situation would discourage creators and inventors, and endanger innovation and creativity in the Community; European Commission 8 Internal Market DG

Objectives l Safeguarding employment: In social terms, the damage suffered by businesses as a Objectives l Safeguarding employment: In social terms, the damage suffered by businesses as a result of counterfeiting and piracy is reflected ultimately in the number of jobs they offer; European Commission 9 Internal Market DG

Objectives l Preventing tax losses and destabilisation of the markets: The tax losses caused Objectives l Preventing tax losses and destabilisation of the markets: The tax losses caused by counterfeiting and piracy are significant. This phenomenon is a genuine threat to the economic equilibrium since it can also lead to a destabilisation of the more fragile markets that it attacks (such as the market in textile products). In the multimedia products industry, counterfeiting and piracy via the Internet are steadily increasing and have already resulted in very considerable losses; European Commission 10 Internal Market DG

Objectives l Ensuring consumer protection: Counterfeiting and piracy are generally accompanied by deliberate cheating Objectives l Ensuring consumer protection: Counterfeiting and piracy are generally accompanied by deliberate cheating of consumers as to the quality they are entitled to expect from a product bearing, for instance, a famous brand name. This is because counterfeit and pirated products are produced without the checks made by the competent authorities and do not comply with minimum quality standards. …/… European Commission 11 Internal Market DG

Objectives …/… l When they buy counterfeit or pirated products, consumers do not in Objectives …/… l When they buy counterfeit or pirated products, consumers do not in principle benefit from a guarantee, after-sales service or effective remedy in the event of damage. These activities may also pose a real threat to the health of the consumer (counterfeit medicines) or to his safety (counterfeit toys or parts for cars or aircraft); European Commission 12 Internal Market DG

Objectives l Ensuring the maintenance of public order: Counterfeiting and piracy infringe labour legislation Objectives l Ensuring the maintenance of public order: Counterfeiting and piracy infringe labour legislation (clandestine labour), tax legislation (loss of government revenue), health legislation and legislation on product safety. European Commission 13 Internal Market DG

European Commission 14 Internal Market DG European Commission 14 Internal Market DG

luis. gonzalez-vaque@ec. europa. eu European Commission 15 Internal Market DG luis. [email protected] europa. eu European Commission 15 Internal Market DG