Europe needs all of us to build its future.

CSPH International and Confrontations Europe Conference,
20 April 2011.

Over 150 people attended the conference co-organised by CSPH International and Confrontations Europe on the theme “Creative Industries: Innovation for Growth” held at the European Parliament on 20 April 2011. Those present contributed to high-quality debates in the presence of Commissioner Barnier, MEPs from various political groups and representatives from the creative sector, innovative and creative businesses, trade unions and citizen and consumer associations. The objective of the conference, as clearly stated by Claude Fischer and Philippe Hardouin, was to compare and clarify positions and open up collective and constructive discussions in the run-up to the Commission’s Communication of 4 May.

In the context of the Single Market Act, and more specifically the Commission’s deliberations on new growth areas, Michel Barnier reminded us that the creative industry offers a key competitive advantage for the EU and great economic potential: the value of the top 10 brands in each EU country represents 10% of the GDP of that country. It is estimated that the creative industries account for 5-7% of European GDP, representing 5 million SMEs and over 8 million jobs. Between 1996 and 2006, this sector grew by 24% (compared with 6% for the whole industry).

After years of very strong tensions between stakeholders, optimism prevailed among all the members of the panel, which in itself marks real progress. All agreed that we have gained in maturity and should now attempt to build a kind of framework, with the compromises that this entails. A strong legal framework for intellectual property rights is a prerequisite for innovation, which is itself a condition for growth. Michel Barnier highlighted the fact that the Communication from the Commission will aim to amend the existing legislation to arrive at a facilitating framework rather than a binding framework in order to make things easier for creators, producers and consumers.

Olivier Bomsel, professor of economics at the Ecole des Mines in Paris, helped to clarify some of the fundamental points of the intellectual property debate, which centres on the linking of two fundamental principles, i.e. personal initiative (the holders of rights must be able to exercise their rights effectively, and public authorities must be able to enforce property rights) and the sharing of ideas and information. The challenge consists in determining whether the interests of the company are well served by the granting of privileges. However, this is a sector where a multitude of stakeholders with diverging interests coexist. Hence the need to find compromises. Michel Barnier believes that the Communication will be built around a desire to meet both objectives, which he does not consider contradictory, i.e. (i) to recognise, protect and remunerate intellectual property, which is by definition a right based on exclusivity; and (ii) to ensure the widest possible dissemination of information.

This is why legislative solutions are needed to ensure that the three types of procedure (patents, copyright and trademark law), which are today very interdependent, are respected. But which measures should be encouraged? Thierry Sueur, representing BusinessEurope, stressed the need to take measures aimed at strengthening intellectual property to encourage investment, risk and innovation, be it by individuals or companies, because piracy, and its consequences in terms of investment and thus direct and indirect employment represent a major challenge.

All panel members agreed that the crux of the problem lay in successfully encouraging compliance rather than trying to find an alternative solution. A wide range of measures were mentioned – including campaigns aimed at raising public awareness, sanctions imposed on users, penal sanctions vis-à-vis bypass sites or tax measures – and these will be discussed at length. The unions stressed the importance of working with employers to protect investments in order to safeguard the jobs of tomorrow, while also expressing their hope that similar collaborative action may be taken to identify, recognise and address problems of a more social nature facing the creative industries sector.

Marielle Gallo, Alexandra Thein and other MEPs also insisted on the lack of boundaries in our digital society, and thus the need to coordinate internal and external action, including with regard to issues of international trade and global competition. The creativity of others is progressing. As Philippe Herzog, former MEP and special adviser to Michel Barnier, pointed out, a few months ago the notion of reciprocity was unknown to the Commission, but it deserves serious thought. He went on to raise the crucial question of how to strengthen the identity of Member States when in parallel we are trying to secure a place for the European Union within the global market. This raises many queries regarding the manner in which cross-border trade may be promoted without stifling each nation’s individuality. Language and educational issues play a central role in these deliberations. And Michel Barnier has clearly expressed his desire to build a united, but not a uniform Europe.

More information about the April 20 Conference (in french)
Voir en français