[Guest post] European Commission unveils new IP Action Plan

The IPKat’s own action plan

Following the publication of the New EU Industrial Strategy in March, the new action plan on IP
published today by the European Commission (EC) offers plenty of promises for regulatory changes on all kinds of topics.

Entitled “Making the most of the EU’s innovative potential An intellectual property action plan to support the EU’s recovery and resilience”, the plan covers many recommendations to tackle 5 IP-related challenges: 

• fragmentation of IP protection at a European level (EP patents, SPCs and GIs), 
• underutilisation of IP by SMEs, 
• complexity and lack of transparency in licensing of SEPs, 
• growing counterfeiting and piracy, and 
• lack of fair play at global level. 

Whilst some of these measures were expected and aligned with the work of the EC over the past few years, it is interesting to note that this plan adapts to recent evolutions on topics like technology access in crisis times or SEP related disputes.

Notable actions and statements have been quickly selected for you below. There is of course plenty more to discuss about the future of this plan and the various initiatives that will emerge from it. 

The EC supports a rapid roll out of the unitary patent system, to create a one-stop-shop for patent protection and enforcement across the EU (2021), currently on hold pending German ratification of the UPC agreement.

The launch various support programs, including IP Vouchers for SMEs to cover partial reimbursements for trademark and design registration and for an IP scan. Some are already parts of the IP4SME program.

Speaking of AI, the EU institution also wants its say on AI-generated creations. The Commission considers that AI systems should not be treated as authors or inventors, confirming the recent position of the EPO, UKIPO and USPTO in the DABUS case.

Following the patent pledges and pooling related to the COVID 19 therapeutics and vaccines, the Commission states to be “looking into ways to incentivise the rapid pooling of critical IP in times of crisis, for instance through a novel licensing system making critical IP available(…)”, including via compulsory licences as last resort.

Recognising that SEP disputes currently seen in the automotive sector might extend to many other sectors, the Commission wishes to reduce frictions between SEP owners and implementers via industry-led initiatives, but most importantly, through reforms to improve the rules governing essentiality declarations, licensing and enforcement of SEPs, including a third-party essentiality check independent system. 

Finally, the Commission aims to clarify the responsibilities of online platforms in hosting illegal content, using the legal framework provided by the Digital Services Act [coming up next week, it seems …].