New EU strategy on IP law: more focus on enforcement

The European Commission wants to see stricter enforcement of intellectual property rights in the EU in the years ahead. This is announced in a strategy paper on intellectual property in the Internal Market, which was published this week. The Commission presents a shortlist of measures and actions they deem necessary to offer the rights of creative and innovative industries in Europe better protection, particularly online. The recommendations all come down to the same message: the EU should do more to stop violations of intellectual property rights, including patents, trademarks and copyrights, according to the European Commission.

An interesting argument in the Intellectual Property Strategy of the European Commission, which they presented last Tuesday, is that Internet service providers would have an active role to play in the enforcement of copyright on the Internet.

The strategy of the Commission was received with mixed feelings, not in the last place because of their view on the involvement of ISPs in enforcement. According to Liberal Democrats party in The Netherlands (D66), active involvement of ISPs is not the way forward. “This will mean ISPs are being asked to act as an Internet police service.” In the Netherlands, this topic is politically sensitive, as the Dutch Secretary of Justice, Fred Teeven, has also said he would like to see providers taking websites with copyright infringing material offline. Critics argue that this approach is too simple, as legitimate content will be blocked in this approach as well and that censorship is only a small step away.

Brein, a Dutch foundation that represents the interests of the entertainment industry, is happy with the new strategy. During the presentation of the Commission strategy, the Brein foundation was repeatedly mentioned as best practice in Europe. D66 responded by stating Brein is funded by leading film, music and media companies that often see Internet developments as a threat tot heir business.

The communication by the Commission also includes a recommendation to promote the legal sharing of copyrighted material over the Internet. More initiatives to support this should come from Brussels. Lastly it has to be said that the EU Commission also recognizes the importance of access to online music, "but without the protection of IP rights, no investment can be made to allow innovation," said the Commission.

This debate is certainly far from over. The official version of the EU strategy has not been released, but the preliminary version is available here.

Sources: European Commission, Nu.nl, Techdirt