Summary. EU Observatory Private Sector Representatives Meeting. Brussels. 11 April 2014

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1 Summary Private Sector Representatives Meeting Brussels 11 April 2014 Private Sector Representatives Meeting Location: European Economic and Social Committee Belliardstraat 99, 1040 Brussels 1

2 List of Participants: Private Sector: ACT Association of Commercial Television in Europe Emilie Anthonis AIM Association des Industries de Marque Marie Pattullo AIPPI Association Internationale pour la Protection de la Propriété Anne Marie Verschuur Intellectuelle APM Aktionskreis gegen Produkt- und Markenpiraterie Lennart Röer BASCAP Business Action to stop Counterfeiting and Piracy Bill Dobson BASCAP Business Action to stop Counterfeiting and Piracy Alexandra Iliopoulou BUSINESS EUROPE Ilias Konteas Cefic European Chemical Industry Nicole Maréchal ECPA European Crop Protection Association Doris Schernhammer ECTA European Community Trademark Association Carina Gommers EDiMA European Digital Media Association Tamara Le Moine EDRi European Digital Rights Marie Humeau EECA-ESIA European Semiconductor Industry Association Konrad Bechler EECA-ESIA European Semiconductor Industry Association Shane Harte EECA-ESIA European Semiconductor Industry Association Steven Jeter EFPIA European Federation of Pharmaceutical Industries and Elise Melon Associations ESA European Seed Association Szonja Csörgõ FEP-FEE Federation of European Publishers Elodie Vaisberg FESI Federation of the European Sporting Goods Industry Lars Vogt FICPI International Federation of IP Attorneys Mauro Eccetto GACG Global Anti-Counterfeiting Group John Anderson GESAC European Grouping of Societies of Authors and Composers Alexia Pickard IFPI International Federation of the Phonographic Industry Daniel Friedlaender IFPI International Federation of the Phonographic Industry Olivia Regnier IMPALA Independent Music Companies Association Antoine Van Lierde INDICAM Instituto di Centromarca per la lotta alla contraffazione Claudio Bergonzi INTA International Trademark Association Candice Li INTA International Trademark Association Christina Sleszynska ISFE Interactive Software Federation of Europe Dara MacGreevy IUMCM International Union of Modern and Contemporary Masters Emilie Le Mappian IUMCM International Union of Modern and Contemporary Masters Patrick Refalo IVF International Video Federation Charlotte Lund Thomsen ORGALIME European Engineering Industries Association Paulina Marcickiewicz SAA Society of Audiovisual Authors Cécile Despringre SROC Sports Rights Owners Coalition Mathieu Moreuil Unifab Union des Fabricants Régis Messali 2

3 EU Commission: DG MARKT DG ENTR DG Trade Jean Bergevin Wawrzyniec Perschke Lauma Buka OHIM: Director of the Deputy Director of the Deputy Director of the Chief Economist Paul Maier Hugues Bello Andrea Di Carlo Nathan Wajsman Claire Castel Peter Hedin Phil Lewis Justyna Petsch Nicole Semjevski Opening Remarks The Office welcomed participants and informed about the conclusions from the public stakeholders meeting that took place on 2-3 April in Athens. DG Markt gave an overview of the work currently being carried out and expressed a support for the work of the Observatory. Review of Observatory activities The Office presented progress made in the implementation of the Observatory work programme where seven out of nine projects were either closed or about to be closed and two projects were still ongoing (EDB and Orphan works database). Stakeholders welcomed the progress made and discussed the ongoing work. Functioning of the Observatory The Office informed participants about of the logistical issues that the Observatory is facing, especially as regards the size of the working groups and the lack of convenient infrastructure of the Brussels office. A number of possible solutions were proposed, and included the following: Stakeholder associations can choose to be in a maximum of three different working groups. There can be a maximum of one person per representative organisation attending the working group meeting. If the member appointed to the working group cannot attend the meeting, a substitute for that meeting can be appointed. A maximum of 30 persons can attend a working group meeting. Three of the working groups currently have more than 30 members, so attendees could be limited on a first come first served basis following the issue of the invitation. Participants should be invited to represent two or more stakeholders. Multi representation would be favoured for the participation. Limitation to one working group meeting per year or one of the two meetings to be held in Alicante. 3

4 A discussion ensued with the general agreement that it is difficult to work with over 30 persons in a group, but that it would not be beneficial to limit to one meeting per year, that it is easier on the whole for meetings to be held in Brussels, and that an option would be to use the subgroups and have the group work ahead of meetings and come better prepared. Videoconferences and exchange were also indicated as optimum options, and it was mentioned that terms of reference need to be set up. Multi representation was not favoured, and limiting the allowed participations to only three working groups is difficult to accept. The next point to be discussed was the process to produce reports. According to the Observatory Multiannual Plan, the Office, acting through the Observatory, is called upon to work on a number of reports and studies. There is no guidance in Regulation 386/2012 on the procedure the Office should follow to issue "Observatory" reports and studies. Nevertheless, according to article 6(1) of the Regulation, the rules governing the Office shall apply to the carrying out of the tasks and activities provided for under the Regulation. In view of the above, and considering the increasing number of reports and studies, the Office is working on the establishment of a process to produce them. The first step would consist in involving the working groups in the identification of the reports/studies to be included in the annual Work Programme. The Office would whenever advisable in collaboration with the subgroups established in the working groups prepare a first draft of the terms of reference for the identified reports/studies, which is then submitted to the relevant working group. Once the terms of reference have been finalised, the study would be carried out either by an independently chosen external expert, or by the Office if the technical means are available. The Office would keep the working group and all Observatory stakeholders informed of the progress made in the preparation of the report/study and, whenever necessary, ask relevant public and private stakeholders for data and other relevant information needed to complete it. The results of the report/study would be thoroughly discussed with the relevant working group and the final draft would be presented to representatives of the Member States in the public stakeholders meeting of the Observatory and in the OHIM Administrative Board. The report/study will be finally adopted by the President of the Office and published. The reports/studies which are prepared following the described procedure would be published as reports/studies of the Office through the European Observatory on Infringements of IP Rights. Participants were informed that a written procedure on this matter would be sent out to representatives of the Member States for approval. Stakeholders exchanged views on Reports on Online Copyright Infringements and Mapping New Business Models in the context of the proposed process to adopt Observatory s reports. Moreover, stakeholders indicated that it would be beneficial for documents from all working groups to be shared. The Observatory informed that the various points raised will be addressed and that, regarding the latter, the Office is analysing the feasibility of establishing a password protected space on the Observatory s website. 4

5 Public awareness activities directed to youngsters Stakeholders were presented the Observatory public awareness strategy focused on youngsters made up of the following elements: creating online IP youth community, issuing an annual IP youth scoreboard (qualitative and quantitative youth assessments with online insights), mapping IP curriculum in primary and secondary schools in 28 MS compared with the countries outside of the EU, promotion of available legal offers through development of a European platform with references and links, supporting stakeholders national events. A common visual identity that is to be tested and used in all public awareness activities was as well presented. Events Stakeholders were asked their views about the Observatory Newsletter and about the completeness of the current event calendar placed on the Observatory website and whether the Observatory should participate in various non-strictly IP related events. Participants welcomed the proposal and shared their views. It was agreed that the Office will send stakeholders a reminder on a regular basis for them to send contributions to the Newsletter together with a request to inform about the upcoming interesting IP and non IP related events. Studies and data collection The Office presented the ongoing work on quantification of social impact of IP infringements and the results of the pilot project with CEFIC. Stakeholders welcomed the work and discussed the preliminary outcomes. Tools: EDB and ACIST Both tools were presented by the Office. Stakeholders welcomed the development of the tools, raised the importance of security of data and were assured that EDB will be a secure platform and were informed of the security work which is currently ongoing. The Office was informed about an AIM and BASCAP initiative to address a letter to DG Taxud expressing support for the idea of connecting EDB with COPIS with the possibility of an e-afa. Representatives from several other associations expressed an interest to support the initiative. Training The Observatory presented activities of the Academy in the area of training. Stakeholders shared their experiences and activities in the area and suggested ideas for future training which will be taken under due consideration by the Academy. UNIFAB presentation UNIFAB informed participants about MoU signed with contrefacon.fr which is a new website enabling consumers to check whether a website is selling counterfeited goods. Closing remarks Paul Maier thanked the participants and the European Commission for the useful input and the European Economic and Social Committee for hosting the event and closed the meeting. 5