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Intellectual property

Dialogues

For general information on priority countries, see Enforcement

IPR dialogues were established between certain priority countries and the Commission concerning a range of intellectual property matters. Progress of these dialogues is recorded below:

China

Latest news

The Seventh Meeting of the EU-China IP Working Group took place in Beijing on 24 June 2010. Discussions focused on patent issues, including enforcement. Industry participated in the meeting. Both sides agreed on a number of follow-up initiatives and actions.

Background

China has taken major steps to put in place a sound IP system since 1980 and particularly, since joining the WTO, towards implementing the minimum standards of IPR protection in TRIPS.

But a number of EU companies still suffer significant damage from counterfeiting and piracy on a vast scale in China. To be fully integrated in the world trading system, continue to attract foreign investment and become a knowledge-based economy, China has to implement all its international obligations, especially on IPR.

China and the EU have progressively built useful cooperation on IPR in the form of a structured dialogue and a working group involving industry. This is complemented by technical cooperation.

The EU and China are also pursuing discussions on geographical indications.

IP dialogue and working group

Starting in 2004, structured annual EU-China talks on IPR have been held alternately in Brussels and in Beijing, enabling both sides to share information on multilateral/bilateral IPR issues and national IP legislation and practices, and identify shortcomings and proposals for improvement.

In 2005, to build on these talks with more focused discussions, involving participation by industry and other rights holders, an EU-China IP working group was created.

IP expertise at the Commission delegation in Beijing

Two IP experts have been appointed to the EU delegation in Beijing:

  • Thomas Pattloch – from the European Patent Office, responsible for patents and technology-related matters (patent law, technology transfer, IPR and standards, IPR and competition, etc.), as well as related copyright and enforcement.
  • Jesús Romero-Fernandez – from the EU Trademarks and Designs Registration Office, responsible for trademarks, designs, geographical indications and enforcement.
Trade-related technical assistance in China

Europe provides substantial technical assistance to China for IPR – currently €16.2m through the IPR2 programme (2007-11) – to improve Chinese legislative, judicial, administrative and enforcement agencies and institutions – with a particular focus on enforcement capacity.

As well as increasing European willingness to invest in China, the programme aims to make IPR better used and understood as a strategic tool for business development by both Chinese and European rights holders.

It covers both cross-cutting areas (legal framework, capacity building, training, access to information) and specific areas (civil procedures, administrative and criminal procedures and support for rights holders).

Run locally by the Chinese commerce ministry, IPR2 involves a further 20 or so Chinese government agencies / institutions. On the EU side, the programme is managed by the European Patent Office, through a team in Beijing.

IPR2 reflects the maturing partnership with China: as in other recent joint projects, the Commission provides assistance for implementing activities and China covers the cost of offices, infrastructure and Chinese international travel, etc.

Practical IPR help for European businesses

The Commission has also set up a China IPR helpdesk to help European small / medium businesses protect and enforce their intellectual property rights in China.

This free service provides the information, training and tools companies need to develop their IP rights and manage related risks – given either on its premises in both Europe and China or remotely (telephone, internet).

Russia

The legislation regarding IPR has been amended positively in recent years, i.e the enter into force of the new part IV of the Civil Code in January 2008, in an effort to raise it to WTO standards and EU standards.

Still, counterfeiting and piracy activity in Russia remains on a high level. The lack of effective enforcement affect Russian markets on a large scale. To be fully integrated in the world trading system, to continue to attract foreign investment and to prevent major losses for right-holders, Russia has to implement all its international obligations, in particular the ones related to Intellectual Property Rights and their Enforcement.

Russia and the EU have progressively built a useful cooperation in the field of Intellectual Property that has developed in the framework of a structured Dialogue on IP allowing the participation of experts and industries on both sides.

IP Dialogue

As a part of the broader cooperation between the European Commission and the Russian Federation, that is foreseen in the Roadmap on a Common Economic Space, both sides have agreed to hold regular meetings in the form of an EU / Russia IP Dialogue. The first Dialogue on IP took place in Moscow in April 2006. Meetings are held at least twice a year. The most recent meeting in Russia was held in Moscow on 3 July 2008.  These meetings have enabled both sides to exchange information on multilateral and bilateral IPR-related aspects issues, on national IP legislation and practices, and to identify shortcomings and proposals for improvement. Enforcement is high on the agenda and will continue to be one of the main issues in the dialogue. The implementation of proper IP enforcement will have to be monitored closely.

To complement this IP Dialogue additional ad-hoc meeting at expert level are held when deemed useful.

Meeting reports

Ukraine

Ukraine has taken major steps in upgrading its IP legislation, in particular, towards implementing the minimum standards of IPR protection provided for in the Agreement on Trade Related aspects of Intellectual Property Rights (TRIPS), in view of its accession negotiations to the World Trade Organisation (WTO).

Still, counterfeiting and piracy activity in Ukraine remains on a high level. The lack of effective enforcement affect Ukraine markets on a large scale. To be fully integrated in the world trading system, to continue to attract foreign investment and to prevent major losses for right-holders, Ukraine has to implement all its international obligations, in particular the ones related to Intellectual Property Rights and their Enforcement.

Ukraine and the EU have progressively built a useful cooperation in the field of Intellectual Property that has developed in the framework of a structured Dialogue on IP allowing the participation of experts and industries on both sides. These meetings also include discussions on GIs.

IP Dialogue

The dialogue form part of the broader cooperation between the European commission and Ukraine that is foreseen in the European neighbourhood Policy Action Plan. The first EU-Ukraine Dialogue on IP took place in Kiev in April 2006. Meetings are held at least twice a year. The most recent meeting in Ukraine was held in Kiev on 26 October 2007. These meetings have enabled both sides to exchange information on multilateral and bilateral IPR-related aspects issues, on national IP legislation and practices, and to identify shortcomings and proposals for improvement. Enforcement is high on the agenda and will continue to be one of the main issues in the dialogue. The implementation of proper IP enforcement will have to be monitored closely.

To complement this IP Dialogue additional ad-hoc meeting at expert level are held when deemed useful.

Meeting reports

Thailand

Latest news

The first EU-Thailand Intellectual Property Rights (IPR) Dialogue took place in Thailand on 25 February 2011.

Background

Lately, Thailand has been making significant efforts in order to improve IPR protection and enforcement. The involvement of the Thai authorities, in particular the Thai Department of Intellectual Property (DIP), in IPR awareness raising and other IPR related initiatives has also been important and encouraging. Still, counterfeiting and piracy activities remain on a serious level and Thailand regularly ranks high in DG Trade's IPR Enforcement surveys.

Thailand was also reported as one of the countries of origin of a considerable number of counterfeit products seized at the EU border in 2008 and 2009. In order to enhance the EU-Thailand IPR cooperation and to improve the level of protection and enforcement of IPRs, the European Commission (DG Trade) proposed to Thailand to establish an IPR Dialogue. The general purpose of the Dialogue is to provide a forum for cooperation and exchange of information outside and beyond the context of any negotiation process. This means that IPR concerns and questions should be openly addressed and discussed in detail between the relevant IPR experts. Thailand accepted the EU's proposal in October 2010. The first IPR Dialogue took place in Thailand on 25 February 2011. The purpose of this first meeting was to discuss the scope and mechanics of a new bilateral framework for regular and long-term cooperation between the EU and Thailand on intellectual property. The Parties agreed on Terms of Reference of the IPR Dialogue as well as discussed several substantial IPR matters.

The next meeting is foreseen to take place in 12 months time, e.g. beginning of 2012, in Brussels.

Meeting reports

Turkey

Latest news

The second meeting of the IPR Working Group with Turkey was held on 18 January 2012 in Ankara. Joint minutes of the meeting are under preparation. They will be published as soon as the agreement on their content is reached by both Parties.

Background

The EU considers intellectual property as a key element of its competitiveness strategy. This as valid for the EU as it certainly is for Turkey. Therefore it is an issue of mutual interest to have in place a solid and balanced system of protection and enforcement of IPR.

While Turkey's legislative alignment with the acquis in the field of IPRs is in general satisfactory, violations of copyright and industrial property rights result in a high level of production and sale of pirated and counterfeit goods.

On 28 May 2010 Turkish IPR Coordination Board decided to respond favorably to the EC's proposal to establish an IPR Working Group (WG). The Parties agreed to meet at least once year in order to discuss technical IPR issues; they also adopted Terms of Reference of these meetings.

The first meeting of the IPR WG took place on 18 May 2011 in Ankara.

Meeting reports

Joint minutes of the first meeting of the IPR WG of 18 May 2011.

Useful documents

Terms of reference of the IPR WG with Turkey.

Next meeting

It was decided that, if possible, the third meeting of the IPR WG will be held in Ankara in November 2012.

Intellectual property

Protection and enforcement of intellectual property are crucial for the EU's ability to compete in the global economy.