EU-US Declaration on an "Initiative to Enhance Transatlantic Economic Integration and Growth".
The General Secretariat of the EU Council has communicated with Document 14945/05 a statement as follows:
"[...] 7. Intellectual Property Rights
'Growing global piracy and counterfeiting threatens the competitiveness of innovative industries, the livelihoods of creative artists and workers, and the health and safety of consumers in the European Union, the United States and beyond. We are committed to effectively combating piracy and counterfeiting at home and abroad' (Text of Economic Initiative).
1.3.14. 7.1. Fight against Counterfeiting and Piracy
Objectives:
- Promote strong and effective enforcement internally and at our borders; - Strengthen cooperation to reduce global piracy and counterfeiting; - Foster public-private partnerships to protect intellectual property.
Specific Activities:
1. The Commission and the US will aim to exchange information and to seek mutual support on enforcement related initiatives separately undertaken by the two parties in the framework of TRIPs. These initiatives are the Communication to the TRIPs Council about 'IPR Enforcement' made by the EC in June 2005 and an exercise conducted by the US pursuant to Article 63.3 of the TRIPs Agreement, seeking enforcement related information from certain third countries.
2. The Commission and the US to develop information exchange on issues such as the compliance with IP rules of certain third countries applying to join the WTO, on the evolution of bilateral IP negotiations with third parties, on technical assistance initiatives in third countries, on the implementation of public-private partnerships and on the elaboration of best-practices.
3. The Commission and the US to work together on Customs enforcement under the EC-US Customs Co-operation agreement (exchange of operational experience, risk management etc).
4. The Commission and the US to exchange information on domestic enforcement measures, both in relation to promoting and upholding effective laws, regulations and/or procedures and in relation to appropriate digital rights management (DRMs) and technological protection measures (TPMs), whilst also taking due account of public policy interests, such as the promotion of fair competition and consumer rights, with a view to identify best practices.
5. On the promotion of strong and effective enforcement internally and at the borders, the commission highlights the following recent and foreseen developments:
o the commission submitted legislative proposals for enhanced criminal law protection of intellectual property rights on 12 July 2005 (COM(2005)276 final).
o Piracy and counterfeiting are among the issues to be dealt with within the overall context of coming to an EU action plan on public private-partnerships to combat organised crime which is scheduled for adoption in 2006.
6. US support for full EC participation in key IPR enforcement fora such as WIPO and WCO.
Measuring progress:
- Possible mutual support for the respective initiatives. - Number of exchanges (operational information/risk management techniques/officials) and possibly increased customs seizures - Contacts with all relevant stakeholders. - US support for EC’s full membership of key IPR enforcement multilateral fora such as WIPO.
Defining Goals for the 2006 Summit:
- If present experience is judged successful, continuing the exchange of information and cooperation in those particular initiatives which the parties identify as being of mutual interest. - An intensified dialogue needs to be backed up by progress to implement IPR-related WTO rulings. - Endorse and support the implementation of a joint EC-US strategic plan for Customs enforcement activities to be produced under the EC-US Customs Co-operation agreement.
Timelines:
1. By the next TRIPs Council (October 2005) 2. Continued exercise 3. Plan produced early 2006, implementation 2006 and 2007 4. Continued exercise 5&6 2006
1.3.15. 7.2. International Substantive Patent System
Objectives:
- Protecting IPRs to promote innovation, employment and competitiveness. Mitigate costly differences in the ways in which IP is protected on either sides of the Atlantic. Patent protection plays an important role in this context. Main priority will be to enhance the effectiveness and efficiency of the patent system more generally through progress on substantive patent law harmonization. This will include a general move to 'first to file'.
Specific Activities:
Intensify existing dialogue between COM and US as follows:
1. Bilateral exchange of views on how to best move forward to arrive at an effective and efficient international substantive patent law system; this includes cooperation within WIPO and support of the plurilateral “Alexandria process”. 2. The dialogue should also cover issues of concern to developing countries such as the disclosure of origin of genetic resources. 3. Look for constructive approaches to achieve a global standard 'first to file' system.
Measuring Progress:
1. Number of bilateral meetings (including video conferences) on the above issues. 2. Contacts between officials involved on both sides of the Atlantic. 3. State of play of the discussions in the “Alexandria process” and in the WIPO General Assembly more generally.
Defining Goals for the 2006 Summit:
- Stocktaking on above mentioned activities. - Ministerial support for progress on international substantive patent law harmonisation in WIPO.
Timelines:
1. WIPO general assemblies 2. Alexandria process (during 2006/2007)."
There is also related another Document 14843/05 titled "Joint EU-US Work Programme implementing the 'EU-US Initiative to Enhance Transatlantic Economic Integration and Growth' - State of play of negotiations". I don't exactly know how serious those contacts should be taken at all.
Feel free to contact PA Axel H Horns via e-mail
horns@ipjur.com. BEWARE: DO NOT SEND CONFIDENTIAL INFORMATION UNENCRYPTED VIA E-MAIL. USE OF ENCRYPTION SOFTWARE IS HIGHLY RECOMMENDED. PA AXEL H HORNS IS PROVIDING SUPPORT FOR ENCRYPTED E-MAIL MESSAGES USING PGP OR PGP COMPATIBLE FORMATS. THE PGP PUBLIC KEY FOR PA AXEL H HORNS IS AVAILABLE
HERE. THE GnuPG PUBLIC KEY FOR PA AXEL H HORNS IS AVAILABLE
HERE.
Dipl.-Phys. Axel H Horns is Patentanwalt (German Patent Attorney),
European Patent Attorney as well as European Trade Mark Attorney. In particular, he is Member of:
Document 14945/05 a statement as follows:
