European Commission : Trade : Enforcement (Intellectual property)

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Intellectual property

Enforcement

The EU regularly conducts a broad survey on IPR enforcement, which is used to update its list of "priority countries"

IPR enforcement strategy

In 2004, the European Union adopted a Strategy for the Enforcement of Intellectual Property Rights in Third Countries (OJ C129 of 26.5.2005), defining a broad framework to fight IPR infringement in third countries, as well as specific action lines to do so. The implementation of this strategy was assessed in a recent study.

The Commission is currently reviewing this strategy. In this context, a public hearing was held on May 10, 2011. A report summarising the outcomes of this hearing has been prepared. Stakeholders have the opportunity to provide further (written) comments by sending them to the mailbox trade-ipr-consultation-2011@ec.europa.eu.

IPR enforcement surveys and priority countries

Every two years, the Commission conducts a broad IPR enforcement survey. Based on this consultation and on other input including data on counterfeit goods intercepted at the EU border, the EU sets out a list of priority countries in which the counterfeiting and piracy of IP rights remain a serious problem, and which should be the focus for future EU work.

IPR Enforcement Report 2009

Introduction

As foreseen in the European Union’s Strategy for the Enforcement of Intellectual Property Rights in Third Countries (OJ C129 of 26.5.2005), DG Trade conducted in 2008 a new survey about the situation of IPR enforcement outside the EU, following a similar survey in 2006. The results of the survey constitute a valuable tool for businesses, in particular for SMEs, by making them aware of risks they might face when dealing with certain third countries. In addition, this assessment is a key element for the Commission to define countries/regions on which to focus its activities and resources, namely by establishing an updated list of "priority countries" for strengthening cooperation on IP.

The outcomes of this assessment are set forth in a Commission Staff Working Document published in September 2009.

Methodology

The Enforcement Survey was based on a questionnaire requesting specific information about actual infringements suffered, measures undertaken against such infringements and the reaction from national authorities. The questionnaire also asked general information about the state of enforcement in the country concerned, the overall approach adopted by national authorities to counter the problem, and its main strengths and weaknesses. More than 400 replies were received, covering 70 countries. It should be highlighted that the results of the survey are only one element upon which the Commission bases its identification of priority countries. Another factor considered is the Commission's assessment of the political engagement (or lack thereof) by the countries concerned to tackle problems.

This exercise is not intended to provide an exhaustive analysis of the IPR situation around the world. The "priority countries" may not be those where the protection and enforcement of IPR is the most problematic in absolute terms, but are those where such deficiencies cause the largest injury to EU interests, depending on their relevance in terms of trade.

Results

You will find below an updated list of "priority countries" in which the situation regarding IPR protection and/or enforcement are the most detrimental to EU interests. Moreover, the Commission Staff Working Document contains specific comments on each of these "priority countries" (including positive aspects, acknowledging the efforts made by many third countries to improve their IPR system). For those countries for which sufficient information was provided by respondents, summaries of the replies received have been compiled into individual country reports.

Updated list of priority countries

First of all, it should be underlined that many of the countries mentioned below are making substantial efforts to improve and strengthen their IPR protection and enforcement systems, e.g. by reviewing national legislation, increasing number of actions carried out by law enforcement bodies, and improving institutional capacity in the administrations concerned. Nevertheless, with regard to the number of goods suspected of infringing IP rights, detained by customs at EU borders (read more on Statistics recorded at the external borders of the EU), there has been in 2008 a significant increase, of 126% compared to 2007. Moreover, increases have been registered in sectors that are potentially dangerous to consumers, such as medicines (+118%) and electrical equipment (+38%). Thus, in the knowledge-based economy more than ever, IPR enforcement remains a key objective, which is vital for the competitiveness of European industry and for EU's growth and jobs as well as for the safety of its citizens. To better focus EU cooperation on IPR protection and enforcement with third countries, it is important to update the previous version (2006) of our list of priority countries. On the basis of the replies received and other sources of input, the list of priority countries was updated. It includes three categories, starting with those countries in which the situation regarding IPR protection and/or enforcement is the most detrimental to EU competitiveness. The updated list is as follows:

China
Indonesia, the Philippines, Thailand, Turkey
Argentina*, Brazil*, Canada, India, Israel, Korea, Malaysia, Russia* , United States, Vietnam.

The * symbol identifies countries in which substantial improvements have been noted, in the wake of the IPR Dialogues established between them and the Commission. The respective IPR situations will be closely monitored, with a view to reassessing the status of these countries on the basis of the continuation of their progress.

It should be noted that, compared to the 2006 list, Canada, Israel, India and the United States have been added, while Paraguay and Chile have been removed.

For more detailed information, see Full survey report and individual country reports