欧洲知识产权局-2019知识产权侵权报告（英文）-2019.6-31页_11mb

2019 Status Report on IPR Infringement Summary

Core Content

This report provides an overview of the state of Intellectual Property Rights (IPR) infringement in the European Union (EU) in 2019, focusing on its economic impact, the mechanisms of infringement, and the actions being taken to combat it.

Main Points

Economic Contribution and Value of IPR

• IPR-intensive industries contribute 42% of EU GDP (€5.7 trillion), 28% of employment, and 93% of EU exports.
• These industries pay 46% higher salaries than other sectors.
• On an individual firm level, IPR owners generate 29% higher revenue per employee than non-owners.
• For SMEs, the revenue per employee difference is 32%, indicating a strong link between IPR and business growth.
• Only 9% of European SMEs own registered IP rights, yet those that do show higher profitability and growth rates.

IPR Infringement Overview

• IPR infringement is a lucrative criminal activity that results in significant economic losses.
• In 2016, IPR infringement in international trade was estimated at $3.3% of global trade, and 6.8% of EU imports (€121 billion annually) were fake goods.
• Between 2012-2016, the total estimated loss due to counterfeiting in 11 sectors was €92 billion per year.

Consequences of IPR Infringement

• IPR infringement causes brand damage, loss of revenue, and social and economic harm.
• Non-economic consequences include consumer safety risks, such as chemical burns, toxic ingestion, and fires from counterfeit batteries.
• The costs of combating IPR infringement are substantial, with the need for increased enforcement, legal support, and awareness campaigns.

Key Findings

Supply Side of Infringement

• 439 million fake items were detained in the EU between 2013-2017.
  • 30–40% were detained at EU borders.
  • 60–70% were detained in the internal market.
• The estimated value of these items was €12 billion, with 70–85% of this value coming from internal market detentions.
• The top four subcategories by volume were:
  • Clothing accessories
  • Toys
  • Recorded music, film, software, and game software
  • Cigarettes
• The top four subcategories by value were:
  • Clothing accessories
  • Watches
  • Recorded music, film, software, and game software
  • Bags and wallets
• Trade marks were the most commonly infringed IP rights, accounting for 70% of detentions by volume and 54% by value.

Demand Side of Infringement

• The incentives for consumers include:
  • Lower prices
  • Easy accessibility
  • Low social stigma
• The 2017 IP Perception study and the 2016 Youth Scoreboard highlight consumer attitudes and behaviors that contribute to the demand for counterfeit goods and pirated content.

Internet as a Facilitator

• The internet and digital advertising are key facilitators of IPR infringement.
• Over 1,400 web pages and 180,000 ads from 280 suspected infringing websites were analyzed.
• 46% of the ads found on these sites were mainstream, often from major brands, which can inadvertently support infringing activities.
• Brands face two risks:
  • Being perceived as supporting counterfeit websites.
  • Providing credibility to these sites, which benefits the infringers.

Business Models for Infringement

• The report outlines evolving business models used by infringers to distribute counterfeit and pirated content.
• These models often rely on:
  • Online marketplaces
  • Digital advertising
  • Free trade zones (FTZs) that provide duty exemptions and simplified procedures, enabling the production and distribution of counterfeit goods.
• The presence of FTZs is linked to an increase in the value of counterfeit exports by 5.9% per additional FTZ.

Actions to Combat IPR Infringement

• EUIPO collaborates with public and private partners to:
  • Provide information on the infringement landscape.
  • Work with Europol on IP crime operations.
  • Support the European Commission in addressing the supply of counterfeit goods in third countries.
  • Assist SMEs in protecting their IPRs.
• Initiatives such as the "Follow-the-Money" program aim to reduce advertising revenue to infringing websites.
• Awareness campaigns and educational programs are being implemented to inform citizens about the economic and social impacts of IPR infringement.

Conclusion

The report emphasizes the importance of IPR to the EU economy and the growing threat of infringement, especially through digital channels and FTZs. It underscores the need for coordinated actions at both the national and international levels to combat IPR violations effectively.