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The WIPO Advisory Committee on Enforcement - Thirteenth Session Geneva, September 3 to 5, 2018 - "ARRANGEMENTS TO ADDRESS ONLINE IP INFRINGEMENTS Contributions prepared by Israel, the United Kingdom and the European Union"

Advisory Committee on Enforcement

Thirteenth Session Geneva, September 3 to 5, 2018

"ARRANGEMENTS TO ADDRESS ONLINE IP INFRINGEMENTS Contributions prepared by Israel, the United Kingdom and the European Union"

1. A Bill to amend the Copyright Law1 was submitted to the Israeli Parliament in 2017 and is currently being discussed in public hearings before the Economic Committee.  The Bill aims to create effective legal remedies for copyright enforcement in the online environment while simultaneously facilitating public online access to information and culture;  preserving privacy rights;  and providing platforms for the exercise of free speech and legitimate business activities.  These measures include extending the scope of secondary infringement liability, site blocking in appropriate circumstances, court orders for the discovery of the identities of online infringers and extended criminal liability.

2. As set out in its Intellectual Property (IP) Enforcement Strategy (2016-2020), the United Kingdom (UK) aims to ensure all parties understand their responsibilities in helping to eradicate online infringement.  The UK Intellectual Property Office (IPO) works with a number of different intermediaries to achieve this aim.  This includes facilitating a code of practice between search engines and the creative industries to stop search results from pointing consumers to infringing websites;  working with the advertising industry to prevent advertising appearing on (and funding) copyright infringing websites through the Police IP Crime Unit’s Operation Creative and the Infringing Website List;  and cooperation with online sales platforms.

The IPO’s experiences have shown that there is no single, perfect model for working with intermediaries to tackle IP rights infringement, but working in partnership is necessary to develop initiatives.  We must adapt our approach to the specific circumstances at hand.  We have also learnt that it can sometimes take time to make any progress and that perseverance is required.  The activities described here contribute to a wider framework of measures (which also include evidence gathering and awareness raising) to tackle IP rights infringement in partnership with stakeholders.

3. In November 2017, the European Commission presented a comprehensive package of measures to reduce counterfeiting and piracy.  In that context, the Commission confirmed its “follow the money” approach to the enforcement of intellectual property rights (IPRs), which consists of designing policy measures that identify and disrupt the money trail for commercial-scale IPR-infringing activities.  In practice, this approach translates into voluntary agreements between industry players.  The two most advanced self-regulatory initiatives are the Memorandum of Understanding (MoU) on the sale of counterfeit goods via the Internet, which brings together major Internet platforms and right holders who suffer from frequent online sales of counterfeit or pirated versions of their products, and the MoU on online advertising and IPR.  Both initiatives focus on online infringements of IPR and rely on the involvement of intermediaries and the use of new technologies that facilitate the enforcement of IPRs.

The European Commission encourages industry partners to conclude voluntary agreements to combat IPR infringements. The MoUs complement the legislative framework which continues to be the basis of the fight against counterfeiting and piracy.  Its success very much depends on the participation of key operators;  the good faith of the partners to genuinely engage in an effective cooperation;  and the ability to objectively measure the compliance with the commitments made.  The European Commission will continue to work on the further development of these dialogues, in the interest of the stakeholders and society as a whole. "

The full pdf file can found here