EU Commission report: Intellectual Property Rights in third countries

24 May, 2023
ecommendations on Code of Practice on the Management of Intellectual Assets and on Standardisation
Benefits of IP
The European Commission published its biennial Report on the Protection and Enforcement of Intellectual Property Rights (IPR) in third countries.

The Third Country Report identifies so-called ‘priority countries’ in which the state of IPR protection and enforcement is a source of major concern.

Based on these findings, the Commission will focus its efforts and resources on the specific areas of concern in these countries, with the aim of improving IPR protection and enforcement worldwide. As this latest report shows, China remains the top priority country for the EU, while India and Türkiye remain priority 2 countries. Argentina, Brazil, Ecuador, Indonesia, Malaysia, Nigeria, Saudi Arabia and Thailand remain priority 3 countries.

The report will also enable rights holders, in particular small and medium-sized businesses, to gain awareness of potential risks to their IP when engaging in business activities in the priority countries. It is also a useful source of information for authorities in third countries.

The Third Country Report is part of the European Commission's efforts to strengthen the protection and enforcement of IPR in third countries. It is based on a targeted consultation, as well as on other sources listed in the report. Illicit trade in fakes remains a serious risk to modern, open and globalised economies. According to a joint study prepared by the Organisation for Economic Co-operation and Development (OECD) and the European Union Intellectual Office (EUIPO) on Global Trade in Fakes (June 2021), counterfeit and pirated goods accounted for up to 2.5% of world trade in 2019, and for up to €119 billion or 5.8% of EU imports.

Beyond these challenges, the report also points at deficiencies related to: forced technology transfer; low levels of protection of trade secrets; backlogs in patent and trademark registrations; restrictive patentability criteria; concerns on regulatory data; ineffective collective rights management; and deficiencies in the protection of plant varieties and geographical indications.

Read the report.

Article first published here.