Regulation 2012/386 - Entrusting the Office for Harmonization in the Internal Market (Trade Marks and Designs) with tasks related to the enforcement of intellectual property rights, including the assembling of public and private-sector representatives as a European Observatory on Infringements of Intellectual Property Rights
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Regulation (EU) No 386/2012 of the European Parliament and of the Council of 19 April 2012 on entrusting the Office for Harmonization in the Internal Market (Trade Marks and Designs) with tasks related to the enforcement of intellectual property rights, including the assembling of public and private-sector representatives as a European Observatory on Infringements of Intellectual Property Rights Text with EEA relevanceLegal instrument | Regulation |
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Number legal act | Regulation 2012/386 |
Original proposal | COM(2011)288 ![]() |
CELEX number117 | 32012R0386 |
Document | 19-04-2012 |
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Publication in Official Journal | 16-05-2012; Special edition in Croatian: Chapter 17 Volume 002,OJ L 129, 16.5.2012 |
Effect | 05-06-2012; Entry into force Date pub. +20 See Art 9 |
End of validity | 31-12-9999 |
16.5.2012 |
EN |
Official Journal of the European Union |
L 129/1 |
REGULATION (EU) No 386/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 19 April 2012
on entrusting the Office for Harmonization in the Internal Market (Trade Marks and Designs) with tasks related to the enforcement of intellectual property rights, including the assembling of public and private-sector representatives as a European Observatory on Infringements of Intellectual Property Rights
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 and the first paragraph of Article 118 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
The economic well-being of the Union relies on sustained creativity and innovation. Therefore, measures for their effective protection are indispensable in ensuring its future prosperity. |
(2) |
Intellectual property rights are vital business assets that help to ensure that creators and innovators get a fair return for their work and that their investment in research and new ideas is protected. |
(3) |
A sound, harmonised and progressive approach to intellectual property rights is fundamental in the endeavour to fulfil the ambitions of the Europe 2020 Strategy including A Digital Agenda for Europe. |
(4) |
The constant increase in infringements of intellectual property rights constitutes a genuine threat not only to the Union economy, but also, in many cases, to the health and safety of Union consumers. Therefore, effective, immediate and coordinated action at national, European and global levels is needed to successfully combat this phenomenon. |
(5) |
In the context of the overall intellectual property rights strategy envisaged by the Council Resolution of 25 September 2008 on a comprehensive European anti-counterfeiting and anti-piracy plan (3), the Council called on the Commission to set up a European Observatory on Counterfeiting and Piracy. The Commission therefore formed a network of experts from the public and the private sectors and described the tasks of that network in its Communication entitled ‘Enhancing the enforcement of intellectual property rights in the internal market’. The name of the European Observatory on Counterfeiting and Piracy should be changed to the European Observatory on Infringements of Intellectual Property Rights (‘the Observatory’). |
(6) |
That Communication stated that the Observatory should serve as the central resource for gathering, monitoring and reporting information and data related to all infringements of intellectual property rights. It should be used as a platform for cooperation between representatives from national authorities and stakeholders to exchange ideas and expertise on best practices and make recommendations to policymakers for joint enforcement strategies. The Communication specified that the Observatory would be hosted and managed by the services of the Commission. |
(7) |
In its Resolution of 1 March 2010 on the enforcement of intellectual property rights in the internal market (4), the Council invited the Commission, the Member States and industry to provide the Observatory with available reliable and comparable data on counterfeiting and piracy and to jointly develop and agree, in the context of the Observatory, on plans to collect further information. The Council also invited the Observatory to publish each year a comprehensive annual report covering the scope, scale and principal characteristics of counterfeiting and piracy as... |
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- 1.Communication from the Commission:
- 2.See in particular Commission Communication of 16 July 2008:
- 3.OECD, Magnitude of counterfeiting and piracy of tangible products
- 4.European Commission, Taxation and Customs Union Directorate General,
- 6.
- 7.Report on EU Customs enforcement of intellectual property rights - 2009, see footnote 4.
- 8.Technopolis (2007),
- 9.Frontier Economics, (May 2009),
- 10.UNICRI,
- 11.Council Resolution of 25.9.2008 (OJ C 253, 4.10.2008, p. 1).
- 12.Commission Communication of 11 September 2009:
- 13.Council Resolution of 1 March 2010 on the enforcement of intellectual property rights in the internal market (OJ C56, 6.3.2010, p. 1).
- 14.European Parliament Resolution of 22 September 2010, 2009/2178(INI).
- 15.ADE, Evaluation of the Intellectual Property Rights Enforcement Strategy in Third Countries, November 2010, -->
- 16.COM(2010) 2020.
- 17.COM(2008) 465; see also Commission Communication of 27 October 2010:
- 18.These meetings took place on 4 September 2009, 14 December 2009, 16 February 2010 and 10 June 2010.
- 19.Commission Communication of 16 July 2008:
- 20.Council Resolutions of 25 September 2008 and of 1 March 2010.
- 21.Resolution of 22 September 2010 on the enforcement of intellectual property rights in the internal market (2009/2178(INI)), A7-0175/2010.
- 22.For details refer to the text of the study prepared the Max Planck Institute for Intellectual Property, Competition and Tax Law and available atec.europa.eu/internal_market/indprop/tm/index_en.
- 24.Both bodies are composed of representatives of Member States and of the Commission.
- 25.See SEC(2007) 530.
- 26.Communication from the Commission:
- 27.Communication from the Commission:
- 28.Communication from the Commission:
- 29.OJ C , , p. .
- 30.Communication from the Commission of 3 March 2010: Europe 2020: A strategy for smart, sustainable and inclusive growth - COM(2010) 2020.
- 31.OJ C 253, 4.10.2008, p. 1.
- 32.COM(2009) 467, 14.9.2009.
- 33.Council Resolution of 1 March 2010 on the enforcement of intellectual property rights in the internal market (OJ C 56, 6.3.2010, p. 1).
- 34.Council Conclusions of 25 May 2010 on the future revision of the Trade Mark system in the European Union (OJ C 140 , 29.5.2010, p. 22) .
- 35.OJ L 195, 2.6.2004, p. 16.
- 36.European Parliament Resolution of 22 September 2010, 2009/2178(INI).
- 37.OJ L 78, 24.3.2009, p. 1.
- 38.See in particular Commission Communication of 16 July 2008:
- 39.See in particular Commission Communication of 16 July 2008:
- 40.See in particular Commission Communication of 16 July 2008:
- 41.ABM: Activity-Based Management
- 42.As referred to in Article 49(6)(a) or (b) of the Financial Regulation.
- 43.COM(2010) 2020.
- 44.COM(2008) 465.
- 45.OECD, Magnitude of counterfeiting and piracy of tangible products
- 47.
- 48.European Commission, Taxation and Customs Union Directorate General, Report on EU Customs enforcement of intellectual property rights - 2009,ec.europa.eu/taxation_customs/customs
- 49.Technopolis (2007), Effects of counterfeiting on EU SMEs,ec.europa.eu/enterprise/enterprise_policy%20Report_Final.pdf.
- 50.COM(2009) 467.
- 51.COM(2010) 2020.
- 52.COM(2008) 465; see also Commission Communication of 27 October 2010: 'Towards a Single market Act
- 53.Details of management modes and references to the Financial Regulation may be found on the BudgWeb site: www.cc.cec/budg/man/budgmanag/budgmanag_en
- 54.As referred to in Article 185 of the Financial Regulation.
- 55.EFTA: European Free Trade Association.
- 56.Candidate countries and, where applicable, potential candidate countries from the Western Balkans.
- 57.CA= Contract Agent; INT= agency staff (" Intérimaire") ; JED= ' Jeune Expert en Délégation' (Young Experts in Delegations); LA= Local Agent; SNE= Seconded National Expert;
- 58.See points 19 and 24 of the Interinstitutional Agreement.
- 59.Communication from the Commission:
- 60.See in particular Commission Communication of 16 July 2008:
- 61.OECD, Magnitude of counterfeiting and piracy of tangible products
- 62.European Commission, Taxation and Customs Union Directorate General,
- 64.
- 65.Report on EU Customs enforcement of intellectual property rights - 2009, see footnote 4.
- 66.Technopolis (2007),
- 67.Frontier Economics, (May 2009),
- 68.UNICRI,
- 69.Council Resolution of 25.9.2008 (OJ C 253, 4.10.2008, p.
1).
- 70.Commission Communication of 11 September 2009:
- 71.Council Resolution of 1 March 2010 on the enforcement of intellectual property rights in the internal market (OJ C56, 6.3.2010, p.
1).
- 72.European Parliament Resolution of 22 September 2010, 2009/2178(INI).
- 73.ADE, Evaluation of the Intellectual Property Rights Enforcement Strategy in Third Countries, November 2010, -->
- 74.COM(2010) 2020.
- 75.COM(2008) 465; see also Commission Communication of 27 October 2010:
- 76.These meetings took place on 4 September 2009, 14 December 2009, 16 February 2010 and 10 June 2010.
- 77.Commission Communication of 16 July 2008:
- 78.Council Resolutions of 25 September 2008 and of 1 March 2010.
- 79.Resolution of 22 September 2010 on the enforcement of intellectual property rights in the internal market (2009/2178(INI)), A7-0175/2010.
- 80.For details refer to the text of the study prepared the Max Planck Institute for Intellectual Property, Competition and Tax Law and available atec.europa.eu/internal_market/indprop/tm/index_en.
- 82.Both bodies are composed of representatives of Member States and of the Commission.
- 83.See SEC(2007) 530.
- 84.Communication from the Commission:
- 85.Communication from the Commission:
- 86.Communication from the Commission:
- 87.OJ C , , p. .
- 88.Communication from the Commission of 3 March 2010: Europe 2020: A strategy for smart, sustainable and inclusive growth - COM(2010) 2020.
- 89.OJ C 253, 4.10.2008, p. 1.
- 90.COM(2009) 467, 14.9.2009.
- 91.Council Resolution of 1 March 2010 on the enforcement of intellectual property rights in the internal market (OJ C 56, 6.3.2010, p.
1).
- 92.Council Conclusions of 25 May 2010 on the future revision of the Trade Mark system in the European Union (OJ C 140 , 29.5.2010, p. 22) .
- 93.OJ L 195, 2.6.2004, p. 16.
- 94.European Parliament Resolution of 22 September 2010, 2009/2178(INI).
- 95.OJ L 78, 24.3.2009, p. 1.
- 96.See in particular Commission Communication of 16 July 2008:
- 97.See in particular Commission Communication of 16 July 2008:
- 98.See in particular Commission Communication of 16 July 2008:
- 99.ABM: Activity-Based Management
- 100.As referred to in Article 49(6)(a) or (b) of the Financial Regulation.
- 101.COM(2010) 2020.
- 102.COM(2008) 465.
- 103.OECD, Magnitude of counterfeiting and piracy of tangible products
- 105.
- 106.European Commission, Taxation and Customs Union Directorate General, Report on EU Customs enforcement of intellectual property rights - 2009,ec.europa.eu/taxation_customs/customs
- 107.Technopolis (2007), Effects of counterfeiting on EU SMEs,ec.europa.eu/enterprise/enterprise_policy%20Report_Final.pdf.
- 108.COM(2009) 467.
- 109.COM(2010) 2020.
- 110.COM(2008) 465; see also Commission Communication of 27 October 2010: 'Towards a Single market Act
- 111.Details of management modes and references to the Financial Regulation may be found on the BudgWeb site: www.cc.cec/budg/man/budgmanag/budgmanag_en
- 112.As referred to in Article 185 of the Financial Regulation.
- 113.EFTA: European Free Trade Association.
- 114.Candidate countries and, where applicable, potential candidate countries from the Western Balkans.
- 115.CA= Contract Agent; INT= agency staff (" Intérimaire") ; JED= ' Jeune Expert en Délégation' (Young Experts in Delegations); LA= Local Agent; SNE= Seconded National Expert;
- 116.See points 19 and 24 of the Interinstitutional Agreement.
- 117.Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
- 118.EUR-lex provides an overview of the proposal, amendments, citations and legality.