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The EPO and EU - Working together for an effective IP system
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The EPO and the European Union (EU) established effective cooperation links that have given rise to several bilateral projects. Together with the European Commission's Trade Directorate-General, the EPO is currently helping to establish an effective and enforceable IP system in China - just one example of the fruitful teamwork.
"We have regular, almost daily contacts with officials at the European Parliament and at many directorates of the Commission," says Jean-Luc Gal. The Frenchman heads the EPO's liaison office in Brussels, established in 2003 to strengthen the co-operation between the EPO and the European Union (EU). All 27 EU member states are also members of the EPO, "so naturally, when it comes to intellectual property, our policies should head in a similar direction," Gal says.
The most recent example of the close co-operation on IP was a meeting between EPO President Alison Brimelow and EU Trade Commissioner Peter Mandelson, which took place on 16 September 2008 in Brussels.
The EPO co-operates most closely with:
- The European Commission (through direct links to several directorates-general that work with or are affected by IP)
- The European Parliament (through direct contacts with lawmakers from member states)
Co-operation with the Commission's directorates
There are several directorates-general (DGs) that deal with or are affected by IP, including:
- DG Trade (which creates trade links with countries outside the EU)
- DG External Relations (which sets the tone for diplomatic contacts with non-EU members)
- DG Research (which monitors and supervises the development of new technology)
- DG Competition (which oversees competition in the EU and tries to prevent monopolies)
- DG Internal Market (which is in charge of, among other things, creating a community patent)
- DG Enterprise (which creates policies to support innovation)
Projects
Once the EU's trade directorate establishes trade agreements with outside countries, the EPO steps in to lend support in terms of streamlining the issue of IP. The EU's emphasis currently lies on its eastern neighbour Ukraine and the BRIC countries - Brazil, Russia, India and China.
EPO helps China implement effective IP system
In China, the EPO is in charge of a EUR 16 million, EU-funded project called IPR2 that aims to help China implement thorough IP standards and enforce them effectively. Experts from the EPO's 34 member states advise the Chinese IP authorities on various aspects - from judicial support to trademark tips to copyright enforcement. EPO experts and officials from the EU share an office in Beijing, with one EPO official being permanently dispatched to assist the EU's ambassador to China.
At the meeting between Alison Brimelow and Peter Mandelson, the Commissioner "explicitly lauded our attaché's great work," Gal said.
Before the EPO can establish such projects, it needs to know the Commission's priorities. DG External Relations sets out these priorities, which the EPO then tries to follow up with concrete action.
"Lately, we have been asked to support the EU's neighbourhood policy, which includes countries like Belarus, Ukraine, Moldova and the Mediterranean states," says Gerard Giroud, the head of the EPO's European and International Affairs programme.
EPO
organises outreach workshop
The EU's neighbourhood policy aims to create a common market with non-EU countries without promising them direct membership. "A key element of a common market is to have a common approach to patents," Giroud says. The EPO held an IP workshop for all the outreach countries in October 2008 in Munich.
Funded by the EU, the workshop aimed to help each country take the necessary steps to update its patent system, or eventually even become a member of the EPO.
The EPO also helps with the scientific aspect of IP. Experts at DG Research are keen to know all about new technologies. The EPO, which is at the forefront of innovation, helps with insight. The Office also tries to point the DG to under-funded technologies, which may then receive EU money.
Cooperation for innovation
Sometimes patents are misused to acquire market dominance. The competition directorate tries to slash monopolies and has in the past launched competition cases that received a lot of attention from the media. The most recent was against big pharmaceutical companies who allegedly use patents to dominate the market and smaller competitors. The EPO has dispatched one examiner to work on this special case. "But we are not judging in any way, we only provide facts and knowledge," Giroud says.
Together with DG Research, the EPO also tries to influence policy-making to support innovation. One example is a project called ip4inno that provides teaching tools for experts trying to explain IP to the public.
Finally, the EPO works together with DG Internal Market, which is in charge of creating the future litigation system in Europe.
Relationships with MEPs
The EPO is eager to create close contacts with members of the European Parliament (MEPs). It has staff following the floor debates and tries to be present in the judicial and science committees.
The future of the cooperation looks bright, says Giroud, adding that the many joint projects "reflect our strong commitment to align our policies with those of the European Commission," he says.
"I believe that our office will be more and more connected to the actions of the EU in the future."