Readers in Europe may already be quite familiar
with this, but I'm guessing that many readers elsewhere are not.
In 2009, the European Commission (EC) launched
something called the European Observatory on Counterfeiting and Piracy, which
(according to the EU Single Market: Enforcement of Intellectual Property
Rights webpage)
was intended to "bring[ ] together representatives from Member States administrations, private
industry and consumer organisations to improve efforts to combat a rising
problem that threatens consumer health and safety, business, jobs and national
and local economies." The Observatory's own webpage is here. The Observatory's Legal Sub-Group compiled several reports on matters
such as "Damages in Intellectual Property Rights", "Injunctions
in Intellectual Property Rights", and "Cross border measures in
EU," all of which are downloadable from the preceding webpage.
(Subgroup member Ann-Charlotte Söderlund also published a paper titled Damages
in IPRED and in Sweden in the 2/2012 issue of the Italian journal Il Diritto Industriale, pages 147-53.
IPRED is the acronym the subgroup used, for “Intellectual Property Rights
Enforcement Directive,” for what I usually refer to as the 2004 E.C.
Enforcement Directive, text of which can be found here.)
Much of the Observatory's work appears to have focused on counterfeiting
issues, as its name suggests, but (having taken a very quick look at the Legal
Sub-Group's reports on damages and injunctions), the reports also provide concise
but useful information on practices in each of the E.U. member states relating
to damages and injunctions in patent as well as in copyright and trademark
cases.
In 2012, the Observatory was renamed the
Observatory on Infringements of Intellectual Property Rights and its work was
entrusted to OHIM (the Office for Harmonization in the Internal Market), which
has its own website devoted to the renamed Observatory, here. I
don't know why the EU continues to maintain the earlier website, instead of
having OHIM merge the two into one, but there it is.
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