In our previous articles we discussed the results of the UK intellectual property regime review and the actions that the government intends to take to implement the results. Starting from actions focused on copyright, patents and general development activities we now consider how these actions can be implemented having regard to the European dimension.  

The UK intellectual property laws are governed at EU level. So, for the government to deliver its initiatives and bring UK intellectual property laws to the 21^st century, it must engage on intellectual property initiatives in Europe. This is not difficult, since intellectual property is increasingly important in Europe. In particular, the following key issues  have been identified for better engagement with Europe on intellectual property:

(i) Simplifying and strengthening the single market for innovation.

(ii) Copyright policy in Europe.

(iii) The EU and wider world.

(iv) How the government influences in Europe?

In particular,

(i) Simplifying and strengthening the single market for innovation;

Uniform and consistent intellectual property rights across Europe can help companies set up pan-European business models, making it easier for business to invest, manufacture and sell new products in different European markets and, on the other hand, EU-wide rights give greater powers to block markets and competitors than the individual rights obtained at national level; EU harmonisation limits the powers of EU states to act independently in the future and stronger EU rights, at cheaper prices, may weaken the position of users, licensees and consumers.  Therefore, it is suggested that, further centralisation of rights-granting and enforcement should only be supported, where there is evidence of benefits and where it is consistent with the government's policy on extension of EU powers, particularly, as far as proposals to extend criminal sanctions at an EU level, are regarded.

The following are high on the government’s agenda:

·         Pushing for an agreement on a unitary EU patent and patent court which delivers real benefits for business, consumers and the economy.

·         Strengthening research and innovation, by developing systems to enable the effective use of intellectual property particularly for public-private research collaboration, building on its domestic experience.

·         Pushing for reform of the trademark system in Europe which addresses the challenges and deficiencies of the current framework and delivers real benefits for businesses.

·         Influencing the European Patent Office (EPO) to become more effective.

·          Participating in efforts, to improve practical enforcement of intellectual property rights in the EU.

(ii) Copyright policy in Europe;

It is found that, large areas of copyright are harmonised across the EU, but that some differences still remain. Work should be carried out to facilitate cross-border licensing and to improve the standard of collecting societies within Europe.

It is suggested that, the government should aim to secure further flexibilities at EU level that enable greater adaptability to new technologies, maximising benefits for users and opportunities for innovation while maintaining incentives and rewards for creators.

The above could be achieved by the government work with member states and the Commission to develop proposals for a cross-border copyright licensing framework that is compatible with current effective licensing models in the diverse range of industries affected and by supporting EU copyright reforms that will lead to increased growth and economic benefits.

 (iii) EU and the wider world;

It is thought that, the intellectual property elements of EU Free Trade Agreements (FTAs) may be useful in providing intellectual property protection to UK and EU businesses operating in third countries. Arrangements that offer intellectual property protection should be put in place in India, Canada and with China. The protection sought should be stronger with developed or emerging economies, than with least developed countries and should take account of wider impacts, for example on public health and any EU bilateral trade agreements should be in line with UK priorities in intellectual property sector.

(iv) Influencing Europe;

It seems that, in Europe, many countries and citizens view intellectual property differently with southern, member states, emphasising the rights of the author and artist.

The government will be focusing on strengthening its relationships with like-minded member states and aiming to influence the European Commission earlier in the policy development process.

All the above can be achieved by improving its working with Parliament to influence specific issues and informing them on the role intellectual property plays in the economy.

All articles are for general purposes and guidance only and do not constitute legal or professional advice.

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