The European Commission published its Action Plan on Intellectual Property on 25 November.

The Action Plan seeks “to help companies, especially SMEs, to make the most of their inventions and creations and ensure they can benefit our economy and society”. Specifically, it sets out steps to:

• Improve the protection of IP – improving SPCs, modernising EU design protection, strengthening GIs and addressing the impact of technologies such as AI and Blockchain;
• Boost the update of IP by SMEs – by improving information and advice, offering financial assistance and making it easier to use IP as a level for access to finance;
• Facilitate the sharing of IP – to increase technological uptake especially in times of crisis, improve the copyright infrastructure, take action to better mobilise IP-protected data and improve the transparency and predictability in the licensing of standard-essential patents;
• Fight counterfeiting and improve enforcement of IP rights – by establishing an EU anti-counterfeiting toolbox; and
• Promote a global level playing field – by strengthening the EU’s position as a global standard-setter in IP and setting the EU response to unfair practices committed by other third country players.

Commissioner for the Internal Market Thierry Breton (pictured right) said: “Europe is home to some of the world's leading innovations, but companies are still not fully able to protect their inventions and capitalise on their intellectual property. Today, we are proposing to overhaul our intellectual property system to strengthen Europe's ability to develop next generation technologies, reflect advances in data and AI; allow companies to quickly pool their knowledge in times of crisis, and support Europe's path towards economic recovery and the green transition.”

The Action Plan comes after the New EU Industrial Strategy was adopted on 10 March this year. On 10 November the Council of Ministers invited the Commission to present proposals for future EU IP policy.

In the summer, MARQUES provided feedback on the Roadmap on the IP Action Plan, recommending priority be given to the review of the EU design legislation (see this post on Class 99 for the latest developments). MARQUES also noted that there is a need to establish a protection scheme for non-agricultural geographical indications, and that there is much work to do to bring down barriers and make IP rights fully accessible and comprehensible to all businesses, both large and small.

MARQUES will analyse the Action Plan in detail and provide comments in due course.