Harmonization of Intellectual Property Rights within and beyond the European Union: The Acquis Communautaire in the Framework of the European Neighbourhood Policy
Authors: Borghi, M. and Favale, M.
Conference: SEARCH Project, Final Academic Conference
Dates: 10-11 February 2014
Abstract:The EU Neighbouring Policy is well summarised by the often-quoted statement of the 2002 President of the EU Commission, Romano Prodi : ‘We have to be prepared to offer more than partnership and less than membership, without precluding the latter.’Aim of this policy is therefore to ‘achieve the closest possible political association and the greatest possible degree of economic integration’1 that can be achieved between the EU and non-EU Member States. To this end, the EU and its neighbours need to ‘builds on common interests and on values – democracy, the rule of law, respect for human rights, and social cohesion’.
This Paper examines the international engagements of NCs to approximate their IP law to the aquis communeautaire. To this end, the paper discusses the bilateral agreements in which NCs commit to approximation to European IP law, and the evaluations made by EU authorities. The level of approximation of four NCs is assessed, as case studies: Egypt, Israel, Moldova and Ukraine. The review of the European Neighbouring Policy (ENP) relating to intellectual property rights in general, and of the focus countries in particular, suggests that the level of IP protection in European neighbouring countries varies greatly, with some similarities which can be detected within the policy sub-groups (Eastern European, Southern Mediterranean, and Black Sea countries) The Paper identifies the strengths and pitfalls of the ENP with respect to intellectual property rights, and concludes that harmonization alone cannot lower the barriers to trade if it is not paralleled by substantial improvement in the coordination of judicial procedures and enforcement mechanisms.
Source: Manual