How to tackle IP crimes efficiently despite the Brexit?
Tags: European Union, Law, UK Politics, Intellectual Property, Brexit

Eurobsit: How will Brexit influence how British authorities tackle IP crimes?

Eddy Leviten, Director General of the UK’s Alliance for Intellectual Property

Eddy Leviten: There are two main issues; the first concerns checks on physical products and goods entering Britain, and the other around intelligence sharing. Some problems will, no doubt, arise with regards to physical goods. At present, customs checks are done at the points of entry into the European Union. Post-Brexit, the onus is going to be on UK customs officials to enforce those border checks, while at the same time, sticking to UK and EU objectives of having “frictionless” border trade between Britain and the rest of the bloc.

Questions have also arisen over the sharing of intelligence about counterfeit or infringing goods. Information is widely shared on the EU’s COPIS (Anti-Counterfeit and Anti-Piracy System) database which allows for more effective enforcement at customs points across the EU. We understand that UK customs will no longer have access to that database or to shared information, post-Brexit. The UK will need its own system, and it is unclear whether it will be integrated with COPIS. So, that has the potential to cause all kinds of issues.

E.: Won’t there be any intelligence sharing between the UK and EU?

E.L: Europol has said that Britain can still be involved with the European law enforcement agency, but I don’t know whether we would have observer status or be actively engaged. There are also issues around the European Arrest Warrant — whether British authorities would still be able to utilise that measure when required.

E.: Which sectors will be worst affected by Brexit?

E.L: It’s tough to say. Every part of the UK economy is going to be impacted. Indeed, a no-deal Brexit will require a substantial additional investment in the UK’s customs and border agencies, and more funds to bolster consumer protection at the local level (Trading Standards), whose services have been diminished by deep public sector cuts in recent years. But for the most part, it’s tough to measure the cost of Brexit.

All sectors could be adversely affected by a lack of a decent trading arrangement with the EU. How will our relationship with Europe work regarding ‘just in time’ delivery of goods across borders, products that are manufactured, assembled and shipped across Europe, and even British bands and artists being able to perform in EU countries? It goes far beyond the fight against counterfeiting.

E.: Which sector will be least impacted?

E.L: For digital enforcement, Britain and the rest of the EU don’t differ that much. The UK, of course, implemented the EU’s Electronic Commerce Directive, and we have our own copyright laws which, for example, allow websites to be blocked that are substantially or wholly found to be infringing copyright. Those rights can and have been enforced through a court order. Internet Service Providers (ISPs) have, so far, blocked around 130 sites. This action has helped create a fairer marketplace for legitimate content owners, and won’t be affected by Brexit.

E.: Is it fair to say that a no-deal Brexit would be the worst case scenario for your members?

E.L: Yes. The level of uncertainty caused by a no-deal Brexit would be immense. But even more than the ability to enforce IP rights, the potential barriers to trade altogether.

E.: Do you think Brexit will have an impact on the regulation of and enforcement of IP crimes in Britain?

E.L: We’ve got good IP legislation and, overall, we’re pretty good on enforcement. There are always gaps, and we can still do better. But many countries, especially in the EU, look on us as being a leading light. During my meetings in Brussels, people have come up to me and said “I wish we could do what you do in the UK.”

Canada and South Africa have loosened copyright law which has already had a detrimental impact on specific sectors. But we don’t see that happening in the UK because there is a strong partnership between the private and public sector. This cooperation has led to the widespread sharing of knowledge and intelligence, which allows government agencies and police to step up enforcement.

E.: How confident are you that Britain will maintain cooperation on IP crimes with other EU states?

E.L: I know that the UK has spent a lot of time building partnerships with other EU countries and there is a lot of effort underway to try to maintain those relationships. If you talk to people in the EU, they will say that Britain has been an instrumental voice in helping to drive new measures over IP enforcement, whether that is PIPCU [The City of London’s IP crime police unit] or our site blocking regime, our work around online marketplaces, or our voluntary code for search engines.

We’re doing some innovative work that is not just about legislation, but about getting people around the table to talk to each other and try and solve some of those problems, and I don’t think that will change.

Author: Nik Martin