Observatory Status Report on WP September 2013

Transcription

1 Observatory Status Report on WP 2013 September 2013

2 Executive Summary This report provides information on the progress of the Observatory during the first half of Representatives We have had a number of new associations joining the Observatory s network from a variety of sectors, including representation from civil society. The new representatives on board are the Confederation of Family Organizations in the European Union (COFACE), the European Alliance for Access to Safe Medicines / Alliance for Safe Online Pharmacy in the EU (EAASM / ASOP EU), European Digital Rights (EDRi), Together against Cybercrime International (TAC) and Wikimedia (Wikimedia Movement). As well as the representatives of the 28 Member States, we now have 51 members representing the private sector, 6 organisations representing the main groups within civil society and 9 international organisations that act as observers. Working Groups The five working groups Legal; Enforcement; Public Awareness; Statistics and Economics; IP in a Digital World met for the first time in February and April The Public Awareness WG met again in June. The WGs will meet again from 23 to 25 September. The Public Awareness and Statistic & Economics WG have been postponed until after the publications of the Study on IP Contribution and the Study on IP Perception, to the 30 September and 1 October respectively. In order to make the work more effective and enable more participation when available, working groups are being divided into smaller groups of maximum 8 representatives which will follow specific projects. For Public Awareness 3 subgroups have been created: Website and on-line services, Observatory Public Relations and Consumer Awareness Projects. Another Subgroup has been created for IP in the digital World. Resources A call for expression of interest was launched to create a pool of experts for the Observatory to carry out selected tasks on particular work streams of the projects. The list is now available and currently has 24 experts (status September 2013). A tender was launched to select an agency specialising in pan-european communication, marketing and public relations to help the Observatory in a number of tasks, including the design and preparation of communication campaigns; the implementation, coordination, promotion and follow-up of communication actions, as well as the measurement of their impact. The company selected is a consortium led by P.A.U. Education, and a kick-off meeting during which the contract was signed was held on 5 July. The intention is to start work on the first pan-european awareness strategy in October, when the results of the IP impact and IP perception studies are out. Meetings As well as two (private and public) stakeholder meetings a year, the plenary meeting on October, and the working group meetings, the Observatory has successfully organised, together with Europol and with the help of the Academy, a three-day Pharmacrime conference from 26 to 28 June on counterfeit pharmaceutical products, with participation from enforcement authorities from across Europe. Another awareness & knowledge building conference will be coorganised with Europol from 4 to 6 November, this time on counterfeit domestic electrical appliances and automotive parts. Projects Each of the remaining slides provide an update on the most relevant projects of the 2013 Observatory Work Programme. Each slide is organised under the project name and leader. In summary, - The only relevant deviation from the original planning concerns the web page. The page will go live in November 2013 (initially planned for April 2013) - The study on the contribution of IP intensive industries to the economy and the study on IP perception will be finalised in September. The IP contribution study will be presented by the Commission in a press conference on 30 September, and it is still to be decided by the Commission how and when the IP perception study is presented.

3 P1 Raising Public Awareness on IP value (and Observatory website) Project Owner: Justyna Petsch - Observatory website - IP perception study - Selection of a communication agency with recognised experience in awareness campaigns - Improve communication of the Observatory s activities - Understand how EU citizens perceive IP to set up a base for future awareness campaigns - Build Observatory capability to design and implement awareness campaigns - Assist in raising citizen s awareness (Art. 2.1 (d) Regulation 386/2012) - Working Group (19 June) - Website s design and development finished - Usability test with stakeholders carried out - IP perception study: quantitative part carried out - Signature of a framework contract with provider for communication services - IP perception study final report - IP perception and IP contribution studies results presented (Sep-Oct 2013) - Design of awareness strategy - Observatory website go-live - Web page: usability test with stakeholders completed. Go live in November (originally planned for April), preceded by a restricted go-live in October. - Final draft report of IP perception study moved from end July to end September to enable further analyses on collected data. - The presentation of results of the study on IP intensive industries contribution is set for the 30 September. The study on IP perception to be launched in sequel. We are awaiting input from the Commission on when and how the IP perception study is to be launched. - Work has begun with external provider for communication services to design a visibility strategy and an awareness campaign strategy.

4 P2 IP Enforcement Repository Project Owner: Peter Hedin - Develop the Enforcement Database in order to facilitate the exchange of information between right holders and customs authorities (in the future also other enforcement authorities) - Develop one single European repository of statistics on seized goods (Anti-Counterfeiting Intelligence Support Tool - ACIST) - More effective enforcement - Work with national authorities and the Commission to facilitate the exchange of information on infringements (Art. 2.1(k) regulation 386/2012) - Build capacity to analyse data on seizure at EU borders and within the EU Internal Market to carry out analyses and identify trends Enforcement database - Development completed - Meetings with companies interested in piloting the database - Management meeting with DG TAXUD to define the federation within the CCN/CSI network process - Meeting with WCO to share the features of Enforcement DB and IPM system - Security audit and stress testing ongoing - Pilot launched ACIST - Development completed - Data received from Spain, Italy and Portugal - High interest in enforcement database shown by companies. First companies integrated. - Agreement with DG TAXUD on federation of the database within the secure EU customs network - COPIS go-live date postponed. This might delay integration between Enforcement database and COPIS Enforcement database - Federation within CCN/CSI (Apr 2014) - Feasibility study to define integration of the Enforcement database with DG TAXUD COPIS system (Dec 2013) - Integration with COPIS (TBD) - Feasibility of inter-operability with WCO IPM ACIST - Charge of data received - Data from TAXUD to cover all seizures at EU borders - Contact all MS to obtain data from police authorities

5 P3 Developing Competences Project Owner: Phil Lewis - Two enforcement conferences in cooperation with EUROPOL and TAXUD - Identify gaps in training activities in Member States and at EU level where the Observatory can add value - Define a training plan for 2014 and following years - Set the basis for cooperation with EUROPOL and TAXUD for training activities addressed to police and customs authorities - Define training actions which add value to what already available - Enhance the expertise of persons involved in the enforcement of intellectual property rights (Art. 2.1(e) Regulation 386/2012) - Enforcement conference on Pharmacrime carried out in Alicante with the collaboration of EUROPOL and TAXUD - Consultation to MS on training needs for customs carried out by TAXUD - Consultation to MS on training needs for police carried out by CEPOL - Enforcement conference on domestic appliances and automotive parts training programme - Successful conference on Pharmacrime with police and customs representatives from all EU MS and relevant representation of private sector. - Only few responses received from police authorities to the request for information launched in cooperation with CEPOL. This might be due to the fact that only in few MS there are specialised units dealing with IP enforcement. It has been decided in any case to proceed with the drafting of the training programme on the basis of the replies obtained so far and the results obtained by the survey carried out by TAXUD.

6 P4 Identifying best practices in enforcement Project Owner: Vincent O Reilly - Map of existing copyright provisions in each MS - Definition of a methodology to identify best practices - Empirical based reports on best practices in three areas - Cost and damages - Storage and destruction - Interagency cooperation - Identify and fill existing current gaps by fostering the exchange of best practices - Agreed methodology for the definition of best practices - Enhance knowledge of best public and private sector practices (Art 2.1.(c) Regulation 386/2012) - Consultation with Member States - Methodology proposed and endorsed by Working Group - Review of report on cost and damages - Review of report on storage and destruction - Preparation of report on interagency cooperation commissioned to an external expert - Selection of 3 experts for peer review - Draft best practices reports circulated to working group - Map of existing copyright provision in each Member State will be circulated for feedback

7 P5 Contribution of IP to economic performance Project Owner: Nathan Wajsman - Report on contribution of IP intensive industry to EU economy - Improve understanding of the value of intellectual property (Art. 2.1(a) Regulation 386/2012) - Raise public and policy-makers awareness on the importance of IP - Calculations completed - Draft of report produced - Communications plan being developed - Contractor for Phase 2 econometric analysis selected - Circulated report for restricted review (including the Commission), implemented resulting feedback - Publish industry-level report - Collect data for Phase 2 - Start analysis for Phase 2 - Report of study on IP intensive industries contribution ready to be published on 30 September.

8 P6 Country Reports and technical cooperation Project Owner: Vincent O Reilly - 5 country reports (Brazil, China, India, Russia, Turkey) describing the situation in relation to IPR protection and how best safeguard them when doing business in the targeted countries - Provide EU companies (especially SMEs) and entrepreneurs with relevant information and contacts to help them when doing business in high risk areas - Provide policy-makers with example of the difficulties faced by EU enterprises - Country selection agreed at WG meeting and confirmed during written consultation - Draft reports completed - Drafts reports circulated to EU delegations in relevant countries and working group - Publication of reports - All 5 reports are now being drafted by the Office without using external providers as originally planned. The amount of available public information made it possible. - DG TRADE has circulated the drafts to EU delegations in the targeted countries to get their feedback.

9 P7 Mapping of new business models Project Owner: Valerio Papajorgji - Report on available legal offers in main content industries (music, film, commercial television, books, newspapers, interactive software, etc.) - Monitor the development of new competitive business models (Art. 2.1(g) Regulation 386/2012) - Increase public and policy-makers knowledge - Provide the foundation for future consultation and more strategic approaches in this area. This will also be the basis for engaging stakeholders in a more evidencebased debate. - Establishment of a subgroup with industry experts covering all relevant content sectors (Subgroup Digital) - Agreement on structure of the report - Relevant data and information retrieved for most of the content sectors covered in the study - Working group has endorsed the idea to issue a report on online copyright infringements - Executive summary to be presented to working group - Draft reports to be circulated to working group - Report agreement - Publication of reports (Jan 2014)

10 P8 Orphan Works Project Owner: Gyta Berasneviciute - Development of a single European database and creation of a collaboration network in order to ensure the exchange of the information related to orphan works between all the Member States. - Building EU database on orphan works to be shared by all the Member States, according to the Directive. - Member States will no longer need to maintain bilateral networks in each of the countries they deal with. - Provision of operational and technical support to the Commission and the National Authorities to ensure the delivery of tools to accomplish the Directive 2012/28/EU. - Responses to questions collected from Member States (24 countries + Croatia), compiled summary of responses - Performed analysis of existing systems (meetings with Europeana, Arrow, Forward) - Together with the Member States and the Commission, defined draft information fields and workflow of the database - Database prototype/workflow presented to the Member States in Copyright Contact Committee meeting (05/06/2013) - Final definition and agreement on the main data fields / workflow with the Member States and the Commission (by October 2013) - Design and development of tools (October 2013 May 2014) - Database testing, training, communication (April June 2014) - EU database go-live (July 2014)

11 P9 Quantification of Infringement Project Owner: Nathan Wajsman - Develop an econometric model of demand for the products of selected sectors to estimate the extent of infringement. Strategic - Improving understanding of the scope and impact of IP infringements (Art. 2.1 (b) Regulation 386/2012) Activities performed: - Literature review being carried out by new member of the service - Industries selected for pilot (chemical & music) - Data sources selectedobtain data on music sales from IFPI - Follow up with the CEFIC on data for the chemical industry - Meet with CEFIC s IP Group in early September - Collect data on socio-economic variables - Begin econometric analysis - Obtain data on music sales from IFPI - Follow up with the CEFIC on data for the chemical industry - Collect data on socio-economic variables - Begin econometric analysis - Report of pilot (Dec 2013) - Music and chemical industry confirmed for the pilot.