External EU actions against piracy and counterfeiting

A number of EU companies, especially UK publishing companies, suffer from a vast counterfeiting and piracy activity in third countries that affects their markets on a large scale. China, India and Russia have been among the most problematic from this point of view.
The EU continues its IP dialogue with China and regularly consult stakeholders for feedback, lately on the current review of Chinese copyright legislation.
The European Commission also holds periodic meetings with stakeholders on IPR issues in Russia twice a year. A special technical working group on internet piracy has been created and a meeting will take place in June 2012.
As a general matter, the Commission includes IPR provisions in its trade agreements with third countries; the ones of the Free Trade Agreement signed with South Korea in October 2010 are quite robust as regards the enforcement of IPR. The Commission is now negotiating a Comprehensive Economic and Trade Agreement (CETA) with Canada. The Canadian government table a bill in June 2010 aimed at modernising Canada’s copyright system; Bill C-11 (former C-32), as it is called, includes provisions on exceptions that could negatively affect EU publishers, in particular academic and educational.

  • FEP took part to a hearing organised by DG Trade on 10th May 2011 on their IPR strategy.
  • FEP has been working with the UK Publishers Association and the American Association of Publishers to inform EU officials of the importance of this matter and assess how to improve the activities of European publishers in China and other third countries. FEP presented to the Commission the submission made on behalf the PA and AAP to the NCAC on the first draft of the China Copyright Amendments. FEP took part to the preparatory meeting in February 2012 to discuss amongst other the Copyright law revision.
  • In May 2012, FEP participated in a stakeholders meeting organised by DG Trade to prepare their working group on piracy in Russia, taking place in June 2012.
  • On May 2012, FEP participated in a seminar on the latest developments in China’s IP system entitled “IP in China – Experience and Reform” organised by FTI consulting and Bird&Bird.
  • FEP intervened in support of its Canadian counterparts by addressing messages to a number of Canadian authorities as well as Commissioners Barnier, DG Internal Market and De Gucht, DG Trade.
  • FEP met officials at DG Trade and at the Polish and Danish presidencies in order to raise awareness of the potential negative consequences of the Bill C-11 and to suggest addressing them in the framework of the EU-Canada CETA. It successfully managed to introduce a reference to the three-step-test in the CETA agreement but negotiations with Canada on what they claim is purely domestic law is difficult. The bill C-11 will have a negative effect on EU book market, especially the French and English speaking one and will set very negative precedent at International level.
  • FEP has been providing the Commission with feedbacks for their other IP dialogues namely with Ukraine, Thailand and Brazil.