European Observatory on Infringement of IPRs (2015)

Source Details

European Observatory on Infringement of IPRs (2015)
Title:	European Observatory on Infringement of IPRs (2015). Observatory Update on Cost and Damages
Author(s):	European Observatory on Infringement of IPRs
Year:	2015
Citation:	European Observatory on Infringement of IPRs.
Link(s):	Definitive , Open Access
Key Related Studies:	European Observatory on Counterfeiting and Piracy (2010)
Discipline:	K42: Illegal Behavior and the Enforcement of Law O34: Intellectual Property and Intellectual Capital O38: Government Policy
Linked by:	OHIM (2016)

About the Data
Data Description:	Questionnaires were issued by the authors to legal practitioners in 28 Member States of the EU, in order to validate and update the data in the original report.
Data Type:	Primary data
Secondary Data Sources:
Data Collection Methods:	Qualitative Collection Methods Survey Research (qualitative; e.g. consumer preferences)
Data Analysis Methods:	Qualitative Analysis Methods Legal Analysis
Industry(ies):
Country(ies):	European Union
Cross Country Study?:	Yes
Comparative Study?:	Yes
Literature review?:	No
Government or policy study?:	Yes
Time Period(s) of Collection:	2015
Funder(s):	European Commission

Abstract

This is an update to the 2010 report by the European Observatory on Counterfeiting and Piracy 'Damages in Intellectual Property Rights'. The original report covered more than recommendations on costs and damages. It included the results of surveys of intellectual property practitioners and associations from most Member States on the legislation, practices and case law in the respective Member States. In order to update the information in respect of costs and damages, public representatives of the 28 Member States were requested to confirm that the relevant information is still accurate and up to date or, if not accurate and up to date to supply the correct and up to date information. Member States whose responses did not feature in the previous report were given an opportunity to supply the relevant information. Amendments have been made in parts of the survey for Bulgaria, Germany, Hungary, Italy, Romania, Sweden and the United Kingdom.Responses for Croatia, not a Member State at the time of the original survey, have also been included.

Main Results of the Study

This is an update to the data for Costs and Damages in the original report.

Policy Implications as Stated By Author

No policy implications stated: this is an update to the Cost and Damages data in the original report

Coverage of Study

Coverage of Fundamental Issues

Issue	Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

Coverage of Evidence Based Policies

Issue	Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

Sample size:	28
Level of aggregation:	Country
Period of material under study:	2015