Observatory publications

The report analyses how companies in the European software sector make use of open-source software (OSS) licences. It puts special focus on how software firms use intellectual property rights (IPR) to ...More The report analyses how companies in the European software sector make use of open-source software (OSS) licences. It puts special focus on how software firms use intellectual property rights (IPR) to protect their business models that rely on OSS licenced software. OSS is now an integral part of software firms’ business models. By embedding OSS into their business models, firms may get strategic benefits related to the wider dissemination of software and a larger knowledge pool they can tap into. They are able to profit from their OSS involvement by combining it with other, proprietary, services and products, complementing OSS. The report shows how informal and formal IP protection methods help firms to convert market opportunities associated with OSS into profitable business models....Less

Tags: software - ip rights - licensing

This new joint EUIPO-Europol report on how IP crime supports the activities of organised criminal gangs adds to the growing evidence that counterfeit goods are an attack against society requiring an i ...More This new joint EUIPO-Europol report on how IP crime supports the activities of organised criminal gangs adds to the growing evidence that counterfeit goods are an attack against society requiring an international response. It demonstrates the interconnection between IPR crime and other types of serious crimes highlighting the links between actors committing these offences. The case studies presented in this report illustrate how a wide range of different crimes are linked to intellectual property crime, including pharmaceutical crime, drug trafficking, manslaughter, illegal arms possession, forced labour, food fraud, excise duty fraud, VAT fraud, corruption and money laundering....Less

Tags: organised crime - counterfeiting - enforcement - infringements - police

This report brings together the findings of the research carried out in recent years by the European Union Intellectual Property Office (EUIPO), through the European Observatory on the Infringement of ...More This report brings together the findings of the research carried out in recent years by the European Union Intellectual Property Office (EUIPO), through the European Observatory on the Infringement of Intellectual Property Rights (Observatory), on the extent, scope and consequences —both economic and non-economic— of Intellectual Property Right (IPR) infringement in the EU. Evidence on the economic value of IPRs in the EU economy, the extent to which this value is exploited, the infringement mechanisms used to capture that value and the actions being taken in response to these challenges are outlined and discussed. Involvement of organised crime groups (OCG) is also highlighted, based on cases investigated by Europol (European Union Agency for Law Enforcement Cooperation)....Less

Tags: ip value - report - counterfeiting - ip rigts infrigements reporting - ip rights

Illicit trade in fake goods is a significant and growing threat in a globalised and innovation-driven economy, undermining good governance, the rule of law and citizens’ trust in government. It not on ...More Illicit trade in fake goods is a significant and growing threat in a globalised and innovation-driven economy, undermining good governance, the rule of law and citizens’ trust in government. It not only has a negative impact on the sales and profits of affected firms and on the economy in general, but also poses major health and safety threats to consumers. To provide policy makers with solid empirical evidence about this threat, the OECD and the EU Intellectual Property Office (EUIPO) joined forces to carry out a series of analytical studies that deepen our understanding of the scale and magnitude of the problem. The results have been published in a set of reports: Trade in Counterfeit and Pirated Goods: Mapping the Economic Impact (2016), Mapping the Real Routes of Trade in Fake Goods (2017), Trade in Counterfeit Goods and Free Trade Zones: Evidence From Recent Trends (2018), Why do countries Export Fakes (2018), Misuse of Small Parcels for Trade in Counterfeit Goods (2018) and Trends in Trade in Counterfeit and Pirated Goods (2019). The results are alarming. They show that trade in counterfeit and pirated goods amounted to up to 3.3 % of world trade in 2016, up from 2.5 % in 2013; when considering only the imports into the EU, they amounted to up to 6.8 % of imports, compared with 5 % three years earlier. Counterfeiters operate swiftly in the globalized economy, misusing free trade zones, taking advantage of many legitimate trade facilitation mechanisms and thriving in economies with insufficient governance standards. This report builds on previous analyses, focusing on the situation in one particular sector: pharmaceuticals. Counterfeits imply not only possible economic damages for this sector, but also significant health threats, since fake medicines are often not properly formulated and may contain dangerous ingredients. Counterfeit medicines have included medicaments for serious diseases, including malaria, HIV/AIDS and cancer. The scale is huge – in 2016, international trade in counterfeit pharmaceuticals reached USD 4.4 billion....Less

Tags: health - counterfeiting - counterfeit medicines

During recent years, EUIPO has published several studies highlighting the virtuous cycle between IP and economic performance, with a special focus on SMEs. This new study contributes to this narrative ...More During recent years, EUIPO has published several studies highlighting the virtuous cycle between IP and economic performance, with a special focus on SMEs. This new study contributes to this narrative by examining the revenues that SMEs can derive from their EU Trade Marks by licensing them to other companies. The owner of an EUTM can use it to identify the goods or services produced, or it can grant permission to another company (licensee) to use the trade mark in exchange for an economic benefit. Trade mark licensing is thus one way to derive the economic benefit from the IPR. The report values a firm’s stock of EUTMs based on observable characteristics of a sample of SMEs that own EUTMs and license them to others....Less

Tags: trademarks - ip value - licensing - private sector companies - rights holders