October 3, 2016

In December 2015, the European Commission launched a consultation on the evaluation and modernisation of the legal framework for the enforcement of intellectual property rights.  The consultation closed at the end of April 2016.

The Intellectual Property Office sought stakeholders’ views on the consultation and submitted its response to the Commission in April 2016.  It therefore pre-dated the UK referendum on membership of the EU.

The UK Government says that it is “committed to ensuring that IP rights holders have access to effective and proportionate means to enforce their rights, both at home and abroad”.  With the rise in popularity of the internet as a means to consume copyright content, and as a platform for commerce as well as a source of infringement, it is important that enforcement mechanisms and the broader legal framework are “continually scrutinised to ensure their effectiveness”, the Government says.

In the response document, the UK calls on the Commission to:

• protect the ability of Member States, including the UK system, to grant flexible and effective injunctions covering a wide range of infringing activity;
• preserve the principle that injunctions should be available when required against intermediaries who are not themselves directly responsible for the infringing activity;
• work to deliver better implementation of the existing provisions of the IP Enforcement Directive (2004/48/EC) in other Member States;
• recognise the importance of accessibility and transparency in justice systems within the EU;
• support judicial knowledge sharing and best practice promotion to address some of the problems experienced by rights holders in gaining injunctions in other territories; and
• recognise that the effective collection of damages/enforcement of financial awards is a key element to the functioning of the system as a whole.

In addition, the UK Government says that it believes that these initiatives should be considered in conjunction with areas of related legislation, and accordingly also calls on the Commission to:

• enforce and support existing administrative measures to allow the proprietors of websites to be identified;
• work towards an improved system of notice and takedown for copyright infringing content online; and
• clarify the rules regarding exceptions to liability for online intermediaries to make it clear which sort of hosts and platforms should benefit from the protections.

To read the Government’s response in full, click here.