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Consultation on the respect of intellectual property in public procurement procedures

16 April 2015

(From ec.europa.eu )

Policy field(s)

Internal Market: public procurement, intellectual property.

Target groups

Public authorities carrying out public procurement; suppliers of goods and services to public authorities; small and medium-sized enterprises (SMEs); trade associations; providers of professional services (e.g. legal, audit, architectural); medical sector professionals; employees and trade unions; civil society organisations; and the general public.

Consultation period

This consultation will last for 12 weeks. Questionnaires should be completed by 7 July 2015, at the very latest.

Objective of the consultation

Gather evidence, opinions and feedback regarding the respect of intellectual property rights and trade secrets in public procurement procedures. The consultation also aims to gather information on whether or not there is a need for specific guidance on this issue.

This initiative was proposed in the Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee, “Towards a renewed consensus on the enforcement of Intellectual Property Rights: An EU Action Plan”, COM(2014)392, 1.7.2014. See in particular action 9.

How to submit your contribution.

We welcome contributions from citizens, organisations and public authorities through the online questionnaire (EU Survey):

  • The online questionnaire is available in English, French, German, Italian, Polish and Spanish. Pre-set replies to the questions are also available in those languages, but free-text boxes may be completed in any official EU language.
  • Estimated time needed to complete the online questionnaire: 15-20 minutes.
  • The questionnaire is structured as follows:.

A) Questions regarding the respondent’s status and profile. The rest of the questions may be different depending on that profile.

B) Questions regarding the respondent’s opinion about how intellectual property rights and trade secrets are managed in public procurement procedures;

C) Questions regarding the respondent’s perception of the problem;

D) Questions regarding the respondent’s experience with/knowledge of the problem;

E) Specific questions in relation to the medical sector

F) Questions regarding the respondent’s opinion on possible guidance at EU level.

G) Additional information.

  • In the interests of transparency, organisations have been invited to provide the public with relevant information about themselves by registering in the Transparency Register and subscribing to its Code of Conduct.
  • If you are a registered organisation, please indicate your Register ID number when replying to the online questionnaire. Your contribution will be then considered as representing the views of your organisation.
  • If your organisation is not registered, you have the opportunity to register now. Then return to this page and submit your contribution as a registered organisations.     .
  • Responses from organisations that are not registered will be published separately from the registered organisations.
  • Received contributions will be published on the Internet. It is important to read the specific privacy statementattached to this consultation for information on how your personal data and contribution will be dealt with.

Background information

Contact details

  • Responsible service: DG Internal Market, Industry, Entrepreneurship and Small and Medium-Sized Enterprises, Unit J2, Fight against counterfeiting and piracy.
  • E-mail: GROW-IPRENFORCEMENT@ec.europa.eu.
  • Postal address:               .

European Commission, DG Internal Market, Industry, Entrepreneurship and Small and Medium-Sized Enterprises, Unit J2, Fight against counterfeiting and piracy B-1049 Brussels

Results of the consultation and next steps

Received contributions will be published on this web page.