AIPPI Committees Collaborate in IP Enforcement Consultation Response
by Kenneth R. Adamo, Emily O’Neill, Christof Augenstein, Chair, Co-Chair, Secretary of the Standing Committee on Enforcement
The Enforcement Standing Committee led a collaboration with the Copyright and Anti-Piracy & Counterfeiting Standing Committees in the preparation of an AIPPI response to the European Commission’s consultation on evaluation and modernisation enforcement of IP rights in Europe. The consultation was launched in December 2015 and arose out of the Commission’s Digital Single Market strategy which has an objective to foster the cross-border digital economy and to ensure a safe online environment for doing business. The consultation was designed to consider the functioning of the IP Enforcement Directive (2004/48/EC) on the enforcement of IP rights in the online environment. Five different consultation documents were launched by the European Commission; AIPPI responded to the consultation directed to the Judiciary and Legal Profession. The Enforcement Standing Committee would like to thank the members from the 3 Standing Committees who put forward views from 10 national groups in completing the response as well as Ari Laakkonen from the Reporter General’s team for his work in streamlining the collated response.
The AIPPI response concluded that in spite of the Enforcement Directive having been implemented, there were significant differences in the level of protection and, in particular, the procedural rules for rightholders and users of IP between the jurisdictions considered. Several topics were highlighted as requiring further consideration including cross border difficulties in relation to gathering evidence and enforcement of Judgments as well as the significant differences between Member States as to the award of damages and the costs recoverable. The response proposed that more detailed guidance should be provided to Member States with respect to implementation to reduce the differences in implementation and to increase the level of legal certainty for litigants.