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Strengthening the Protection and Enforcement of Intellectual Property Rights in Ukraine
Activity 2.1.3October 2014
Strengthening the Protection and Enforcement of Intellectual Property Rights in Ukraine
Activity 2.1.3October 2014
EU Observatory on Infringement of Intellectual
Property Rights
EU Observatory
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The European Observatory on Infringements of Intellectual Property Rights is a network of experts and specialist
stakeholders. Following a proposal by the Commission, backed by the
European Parliament and the Council, the Observatory was fully entrusted to OHIM on 5 June 2012.
The Regulation transferring the Observatory to OHIM renamed it as the European Observatory on Infringements of Intellectual Property Rights. The Observatory will draw on OHIM's expertise, experience and resources with a view to becoming an information centre par excellence
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Provide evidence-based contributions and data to enable EU policymakers to shape effective IP enforcement policies and to support innovation and creativity
Provide data, tools and databases to support the fight against IP infringement
Provide knowledge and learning programmes for IP and enforcement authorities as well as for businesses and IP practitioners
Develop initiatives to help innovators, creators and businesses (especially SMEs) protect their IP rights
Design campaigns to raise awareness of the value of IP and the negative consequences of IP infringement
EU Observatory Objectives
The Observatory has now developed a Multiannual Work Plan in order to provide a longer-term perspective and integration with the Office’s Strategic Plan.
The Multiannual Plan is also the basis for the 2014 Work Programme for the Observatory, which sets out the objectives for the year ahead.
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EU Observatory Work Plan
At the heart of the Multiannual Plan are the three main goals of the Observatory:
To provide facts and evidence for use in the formulation of effective IP policies by policymakers;
To create tools and resources to intensify the fight against IP infringement;
To raise awareness of IP and of the negative effects of counterfeiting and piracy.
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EU Observatory Work Plan
The goals of the Observatory will be achieved by developing initiatives grouped in the following five Lines of Action:
Evidence-based contributions and data to enable EU and national policymakers to shape effective IP enforcement policies and to support innovation and creativity;
Data, tools and databases to support EU and national authorities in the fight against IP infringement;
Knowledge-building and learning programmes for enforcement authorities as well as for businesses – especially SMEs;
Campaigns to raise overall awareness of the importance of IP and the negative effects of IP infringement;
Initiatives to help right holders protect their IP rights within and outside the EU.
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EU Observatory Work Plan
Public Awareness Enforcement Legal and International IP in the Digital World Statistics and Economics
EU Observatory Working groups
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The working groups were set up on the basis of proposals by stakeholders and are used extensively by the Observatory for guiding the implementation of projects that are part of its work programme. Their fields of work range from legal matters, improved evidence building, consumer awareness and enforcement-related matters, to the growing number of issues surrounding IP in the digital world
In the area of Public Awareness Public awareness campaigns Deepen the understanding of younger
generations’ perception and behaviour towards IP
Helping SME’s protect their IP rights Observatory Website Improved communication of Observatory work (
Quarterly newsletter)
Observatory Projects for 2014
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In the area of Enforcement IP Enforcement Database Anti-counterfeiting Intelligence Support Tool
database (ACIST) Joint Europol/Observatory situation report on
counterfeiting in the EU Building Knowledge and Competences in IP
Enforcement
Observatory Projects for 2014
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In the area of Legal and International
Identifying and Reporting on Best Practices in Enforcement
Support the Protection of IPR outside the EU
Observatory Projects for 2014
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In the area of IP in the Digital World
Monitoring Development of Online legal Offers Online IPR Infringements Orphan Works Registry
Observatory Projects for 2014
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In the area of Economics and Statistics
Quantification of Infringement Completion of 2nd phase (firm-level analysis) of
the IP Contribution Study Detailed Study on the Economic Contribution of
Geographical Indications Research on trade secrets Define research on Public domain and open
licensing
Observatory Projects for 2014
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To learn more about IPR on linehttp://
oami.europa.eu/knowledge/course/view.php?id=1507&lngcdd=true&la=en
Available Search Tools
Search a trade mark with TMviewhttp://tmview.europa.eu/tmview/welcome.html Search a design with Designviewhttps://www.tmdn.org/tmdsview-web/welcome
Search on classification of products and services with TMclasshttp://tmclass.tmdn.org/ec2
The Enforcement Databasehttps://www.tmdn.org/enforcementdb-ui-webapp/
Search patents with Espacenethttp://www.epo.org/searching/free/espacenet.html Search plant varieties with CPVO Variety Finderhttp://www.cpvo.europa.eu/main/en/home/databases/cpvo-variety-finder
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Bridging right holders and enforcers’ communication needs
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DG TAXUDEUROPOL
USERS ASSOCIATIO
NSOHIMOBSERVATOR
Y
The ENFORCEMENT DATABASE (EDB)This tool was funded and developed by OHIM through the Cooperation Fund and was transferred to the European Observatory on Infringements of Intellectual Property Rights in June 2013.
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OHIM Achievements
The OHIM has a large experience in the development of online tools and databases. All these applications have been developed in close collaboration with our stakeholders.
The OHIM through the Observatory has been entrusted to provide data, tools and databases to support the fight against IP infringement.
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What is the EDB?The EDB is a secure web based platform for IP right holders, customs and police which is built upon TM view and Design view. It was developed to help enforcement authorities to distinguish genuine goods from counterfeits. Furthermore right holders can generate a pre-filled Application for Action.
RIGHT HOLDERSRight holders enter relevant
information about their products into the tool, such as contact data for enforcement matters, logistics,
identifiers, packaging, prior cases, etc.
ENFORCEMENT AUTHORITIESEnforcers can easily access the
information with one search on their desktop and have the assurance that
the information is based on a valid right
BUILT UPON Tmview AND DesignView
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Is the EDB SECURE?The EDB is integrated into
the secure DG TAXUD network for EU customs and
will be integrated with a secure EU police network.
Furthermore, right holders can select which enforcement authorities can view
their data.
It also underwent a Security Certification to guarantee the
integrity and confidentiality of the data.
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What are the benefits for Right Holders?
The tool allows right holders to generate their application for action (AFA) in the language
they needIt allows right holders to create alerts for the enforcement authorities
The tool is free to use
Right holders can be informed about suspicious cases by the authorities
With little effort from right holders, the tool
helps to better protect their products
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What are the benefits for Enforcers?
Additional relevant information on a
product
Enforcers can receivealerts from the right holders
Search and immediate confirmationof the validity of an IP right
Information available in national
languages and the relevantcontact person of the
companyfor their Member State
Information available on desktops Possibility to send suspicious
cases to the right holders
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Where are we now?
Based on the feedback from companies and customs,new functionalities and improvements will be implemented.
Functional and technical upgrade
Involving Users Associationsrepresented in working groups
70 companies registered Integration with EU customs systemthrough DG TAXUD secure network
Integration EU customs
A security certification is expectedafter a thorough security audit
on technical standards and processesinvolved in the registration.
Security certification
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Start of integration phase with Customs
(COPIS)May 2014 Release
improvementsJune 2014
Release includingintegration with COPIS (e-AFA)
November 2014
Start integrationphase with police
April 2015
The EDB Planning
Tablet & Mobile
friendly,Barcode readerIntegration with IPM
November 2015
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Join EDB and be a part of the challenge!
Request an account at [email protected] the registered European trademark (national or community) on which the account will be based. Once the
account is created, enter the relevant information.
HOW CAN I REGISTER?
One of the most important pieces of information is thecontact details for enforcement authorities.
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Customs global search
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Right holders
The right holders have the possibility of creating new products and upload information about them:
• Enforcement contact information• Intellectual property right (IPR) portfolio• Product information• General information.
• Common nomenclature database.• Product images classification.• Logistics details.• Past cases details.• Related Intellectual property right (IPR).
Product details
• The right holders can send alerts to the enforcement authorities about trends. An alert is created in the portal and the recipients can see the details.
• The alert is accessible from a link in the mail sent to the Enforcement Authorities and from the receiver and company dashboard.
• The right holders are informed about possible counterfeiting cases whom can confirm or ask for more information.
Alerts and Suspicious cases
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Dashboard
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Product Portfolio
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Product information
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Company Information
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Genuine Logistics
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Application for action
• Application for Action helps to protect the IP rights on the border providing the selected custom authorities with the necessary information about your IP rights, contacts and products.
• The right holders can select:• Main custom authority where AFA will be sent.• Additional customs authority where AFA will be
sent.• Languages in which the AFA will be generated.• IPR’s from right holder portfolio that the user
wants to include in the AFA
• The application generates the official pdf’s with the information pre-filled.
• In future steps it will be integrated with COPIS and the AFA will automatically be sent to customs.
Application for action
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Enforcement Authorities
This functionality helps the enforcement authority to send the information of possible counterfeiting cases to the rightholders and a workflow for these suspicious cases has been defined.
The enforcement authorities receive the alerts from the right holders about their products.
The alert is accessible from a link in the mail sent to the Enforcement Authorities and from the receiver and company dashboard.
Alerts and Suspicious cases
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Suspicious Cases
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Alerts for Authorities
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AFA Generation
AFA generated
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Thank you!
Activity 2.1.3
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