See
- Text of the IP action plan
- Press release: Commission adopts action plan on intellectual property to strengthen EU's economic resilience and recovery
- Council conclusions of November 2020
- Presidency conference of February 2021 'The Intellectual Property Metamorphosis in the Age of Digital Transition
1. Better protection of IP |
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| Action | Status and info | Further information |
|---|---|---|
| Support a rapid roll out of the unitary patent system, to create a one-stop-shop for patent protection and enforcement across the EU (2022-23) |
The unitary patent system was successfully launched on 1 June 2023. |
• Related DG GROW web page • Unified Patent Court (UPC) website • Related EPO web pages EU countries info: • Ratification of the UPCA • National measures relating to the Unitary Patent |
| Optimise the supplementary protection certificates system, to make it more transparent and efficient (Q1 2023) | Evaluation recently completed. Call for evidence published. An impact assessment is being prepared. Depending on its outcomes, the creation of a unitary SPC and/or of a 'centralised' SPC granting procedure could be proposed. |
Related DG GROW web page |
| Modernise the EU legislation on industrial designs, to make it more accessible and better support the transition to the digital and green economy (Q2 2022) |
Evaluation and Inception Impact Assessment published. |
Related DG GROW web page |
| Strengthen the protection system for geographical indications for agricultural products to make it more effective and consider, on the basis of an impact assessment, whether to propose EU-level protection GI for craft and industrial products (Q4 2021) |
Regulation (EU) 2023/2411 on the protection of geographical indications for craft and industrial products was adopted on 18 October 2023. |
• DG GROW web page on Craft and Industrial GIs • DG AGRI web page on agri GIs |
| Evaluate the plant variety legislation (Q4 2022) | DG SANTE web page | |
2. Promoting effective use and deployment of IP, especially by SMEs |
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| Action | Status and info | Further information |
| Provide, with the EUIPO, a scheme for IP SME vouchers to finance IPR registration and strategic IP advice (Q1 2021) | • IP Vouchers are available from 11 January 2021, to co-finance trade mark and design registration as well as personalised IP advice (‘IP Scan’). • The SME Fund was extended to patents and will possibly cover further IP rights/services. The overall budget will be raised to €47 M over 3 years. |
• IP Voucher/SME Fund EU countries info: • Promotion of the IP Voucher and provision of experts for the IP Scan service. |
| Roll out IP assistance services for SMEs in the 'Horizon Europe' programme and expand it to other EU programmes (2020+) | • New IP Scan services are available to Horizon Europe participants since March 2021. • IP assistance will be better integrated within the EIC support services. • IP assistance will also be integrated into the InvestEU SME window, and gradually into ESIF-funded R&I projects. |
• New IP Scan for Horizon Europe participants • European IP Helpdesk • IP Booster EU countries info: • At national and local level, link the IP assistance services with general business and research and innovation support services. |
| Present a code of practice on smart use of intellectual property in an international context to raise awareness among universities, research organisations and businesses (Q4 2022) | A community of practice will provide input for the draft code in 2022. | Related Commission recommendation and code of practice of 2008 |
3. Easier access to and sharing of IP-protected assets |
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| Action | Status and info | Further information |
| Ensure the availability of critical IP in times of crisis, including via a system to co-ordinate compulsory licensing (Q1 2023) | • Impact Licensing Initiative study completed – related stakeholder workshop held on 28.1.2021 (outcomes). • Depending on the impact assessment that will be conducted, a proposal could be made to enhance the coherence and effectiveness of compulsory licensing in the EU. • A Call for evidence was published. A public consultation was launched in July 2022. |
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| Improve transparency and predictability in the licensing of standard-essential patents (SEPs) (Q4 2022) |
• Call for evidence and a public consultation (same link) closed on 9 May 2022. • An impact assessment is being prepared. Depending on its outcomes, a legislative proposal may be prepared. |
• Studies (landscaping / essentiality checks pilot) and expert group (report). • SEPs-related webinars |
| Promote data access and sharing, while safeguarding legitimate interests, via clarification of certain key provisions of the Trade Secrets Directive and a review of the Database Directive (Q3 2022) | • Study recently launched on the legal protection of trade secrets in the context of the data economy. • Data Act proposal published (incl. provision on Database Directive). • Study to support the impact assessment for the review of the Database Directive: final report. |
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4. Fighting IPR infringements |
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| Action | Status and info | Further information |
| Clarify and upgrade the responsibilities of digital services, in particular online platforms, through the Digital Services Act | Proposal adopted (COM(2020)825) | Background on the Digital Services Act |
| Strengthen the role of OLAF in the fight against counterfeiting and piracy (2022) | Reference in the Commission Communication 'Long term action plan for better implementation and enforcement of single market rules', COM(2020)94, pp. 11-12. | OLAF’s IPR web page |
| Establish an EU toolbox against counterfeiting setting out principles for joint action, cooperation and data sharing among right holders, intermediaries and law enforcement authorities (Q4 2022) | • First ISSG meeting held in March 2021. • Organisation of targeted workshops: social media, domain names, payments, transport and logistics, information sharing. • Call for evidence published. • Meetings on the MoU on the sales of counterfeiting on the internet and the MoU on online advertising and IPR: twice per year per MoU. • The EU toolbox will set out recommendations and tools to ensure coherent, effective and coordinated action against counterfeiting, both online and offline. |
New Customs Action Plan |
5. Fair play at global level |
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| Action | Status and info | Further information |
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• Periodic monitoring reports: |
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