INF/2013/CET/0005
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F I C P I I N F O R M A T I O N D O C U M E N T
2 4 J U N E 2 0 1 3
CET INFORMATION DOCUMENT
TITLE:
FICPI Meeting with the European Commission, DG Trade
on 24 June 2013 in Brussels, Belgium
QR CODE:
DRAWN UP BY:
FICPI President, Bastiaan Koster
PURPOSE:
For information and publication in the library section of FICPI’s website
FICPI meeting with the European Commission: DG – Trade on 24 June, 2013 in
Brussels, Belgium
On 24 June, 2013, a FICPI delegation consisting of Bastiaan Koster, President, Coleen
Morrison, Vice-President, Daniel Alge, President EUCOF, Antonio Pizzoli, Chair CET 4 and
Leo Jessen Chair CET 6 met with the following people from DG Trade; Mr. Anders Jessen
the Head of the Unit, Mr. Denis Dambois and Mr. Petro Velasco Martins who are both Policy
Officers for Intellectual Property. The meeting took place at the offices of the DG in Brussels.
After the normal opening remarks, Bastiaan Koster provided an overview of the most recent
activities of FICPI. Mr. Anders Jessen is keen to obtain a copy of the presentations delivered
during the FICPI Chinese symposium in Xi’an and
Bastiaan Koster agreed to obtain a
copy
. DG Trade is very interested in enforcement issues of IP rights in China and these
were discussed during the symposium in Xi’an.
On a more general note, Mr. Anders Jessen commented that he believes the unitary patent
will be good for trade in Europe. According to him the main reason being that the cost for
obtaining patents and their maintenance will become lower.
In respect of the IPR chapters of trade agreements which are currently negotiated
Mr. Anders Jessen observed that the IPR chapter for the Indian trade agreement is a
challenge. Issues like patent eroding and compulsory licenses are particularly relevant and
the discussions are not flowing nicely. The pharmaceutical industry in India is very sensitive.
Mr. Anders Jessen mentioned that foreign investment in India has been declining over the
last few years.
Discussions relating to the trade agreement with Canada are coming to a close and should
be finalised in the near future. IPR issues are not holding up the discussions. The inclusion of
Canada joining the Madrid agreement has not been finalised as yet.
Mr. Anders Jessen observed that the trade agreement with Thailand will be difficult. In
respect of Vietnam three rounds of discussions took place and the IPR discussions are not
moving forward. Trade agreements with Malaysia, Indonesia, Philippines, Morocco, Georgia
and Armenia are at early stages. The trade agreement with Singapore has been completed.
In respect of the trade agreement between the US and EU there are still a number of IPR
stumbling blocks. The list has been compiled of all the IP requirements which have to be
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considered and these include amongst others, grace period, 18 months publication, private
user rights, copyright (where some rights are not protected in the US), trademark
specifications, plant breeders rights/plant patents and geographical indications . While on the
face of it geographical indications appear to be a big issue it becomes simpler once an actual
list of the GI’s in issue is made as the list is not that long
The trade agreement with Japan is still in an early phase of discussion and trademarks is
one of the targeted issues.
Developments on the anti-counterfeit trade agreement (ACTA) has not moved forward
although it would appear that there may be six countries who may be prepared to sign the
agreement in which case ACTA will come into force between them. The countries in issue
are Japan, Singapore, Korea, USA, Canada and Australia.
Mr. Anders Jessen said that trade secrets and the protection of confidential information is an
important issue in Europe. This issue is also relevant to the US/EU trade agreement.
Currently DG Markt is doing an impact assessment in respect of the protection of confidential
information and trade secrets to understand the problem better and to propose solutions. A
report on this issue should be published later this year.
The issue of patent erosion was also discussed. Apart from India there are also a number of
other countries in which there are signs of patent erosion.
FICPI should consider making
the issue of patent erosion a workshop topic at one of the future EXCO meetings.
Mr. Anders Jessen said there is a drive for making patented green technologies available to
third parties by way of compulsory licenses. He also mentioned that the exceptions on
copyright for visually impaired people may lead to other exceptions and erosions of
intellectual property rights.
Both FICPI and DG Trade concluded that the meeting was useful and the exchange of
information valuable. Mr. Jessen mentioned that Mr. Denis Dambois, who is the contact
person at the DG with FICPI, will transfer later this year to India. A new contact person has
not been nominated.
Report prepared by Bastiaan Koster
[End of document]