Research paper on Case Study (iii): “Barriers that citizens face regarding their intellectual property rights” (Deliverable 5.5)

Creativity and innovation within the European Union are part of a harmonized system of protection of intellectual property rights (IPRs); the latter include legal tools such as industrial property rights and copyright and related rights. The fundamental principles of the internal market (free movement of goods and services and free competition) are based in particular on the harmonization of IPRs at the European level. The protection of intellectual property is subject to a number of international conventions, the supervision of which is largely up to the World Intellectual Property Organization (WIPO) and the World Trade Organisation (WTO). To fulfil its obligations in the area, the European Union has created the Office for Harmonization in the Internal Market (OHIM), in charge of the registration of European trademarks and European designs. The Commission is currently engaged in the effective implementation of a common EU patent system, less costly and more effective from a legal point of view, able to ensure the competitiveness of European business and enterprises. Finally, the protection of IPRs also implies that they must be safeguarded against piracy, illegal trade and counterfeiting. The Internet and digital technologies play a pivotal role in this context, since they are transforming the world we live in, with reference to all the aspects of life and all sectors of activity. EU must embrace this digital revolution and open new digital opportunities for citizens and business, by leveraging the strength of the EU single market. The existence of barriers to online activities prevents citizens from taking advantage of a wider range of goods and services. Therefore companies and public administrations cannot reap the benefits of digital tools. The final scope of the Digital Single Market (DSM) aims at breaking down regulatory barriers in order to establish a single market, in place of the partially harmonized 28 national markets now existing. This research report is aimed at identifying and analysing the possible barriers that the European citizens/digital service users face in enjoying their rights when they aim to access to online cultural contents. In light of this, DSM strategy of the European Commission has been taken as a point of reference for pintpointing the legal and factual barriers, describing what are the reform projects in progress and outlining some possible, future (policy) solutions.