Parliamentary question

Written question to the European Commission

According to a study commissioned by the European Parliament on the cross-border enforcement of intellectual property rights in the EU, further efforts could be made at a transnational level to enforce intellectual property rights, especially when it comes to wilful large-scale online copyright infringements.

The study offers recommendations on efficient administrative processes, simplified procedures for litigating cross-border intellectual property disputes and measures for judicial cooperation between the Member States, to name but a few.

It also concludes that improvements cannot be adequately achieved through national action by the Member States alone and that action at EU level is appropriate to facilitate cross-border enforcement in the EU given the scale, impact and multi-territorial dimension of these infringements.

In the light of the foregoing, is the Commission considering measures to ensure the effective cross-border enforcement of intellectual property rights?

Answer given by Commissioner Breton on behalf of the European Commission

The Commission has taken note with great interest of the conclusions of the study on the cross border enforcement of intellectual property (IP) rights in the EU.

In the IP Action Plan of 2020, the Commission has indicated that it will continue to closely monitor the application of Directive 2004/48/EC. It works together with Members States to give effect to the 2017 Commission guidance to ensure that injunctions are applied uniformly and efficiently across Member States.

Concerning piracy, the Commission will follow up on the Parliament resolution of 19 May 2021 on challenges of sports events organisers in the digital environment as indicated in the Commission’s reply to the Parliament of 20 July 2021. In this context, the Commission will also look at the cross border dimension of piracy and at the cooperation between national authorities.

The upcoming initiative for an EU Toolbox against counterfeiting aims to set out coherent, effective and coordinated action against counterfeiting, both online and offline. This initiative could also prove useful for curbing piracy.

The Digital Services Act will make it easier for national administrative or judicial authorities to send orders to intermediary services across borders to act against illegal content, and it will facilitate private enforcement.

From an international angle, the Intellectual Property Chapter of Free Trade Agreements concluded between the EU and third countries include strong enforcement measures, including at the border, that go beyond the World Trade Organisation Agreement on Trade-Related Aspects of IP rights (TRIPS). The implementation and enforcement of such agreements is a key priority for the Commission.