The Class 46 European trade mark weblog announced earlier today that the European Observatory on Infringements of Intellectual Property Rights has launched its long-awaited enforcement database. According to the Class 46 post:

" ... Designed as a bridge between rights holders and enforcement professionals such as the police and customs, it seeks to provide a secure, central repository of information on products.

Brand owners can choose what information to upload to the database about their products in order to ensure that the authorities across Europe have instant access to data that will help them to identify and intercept pirated or counterfeit goods.  This information, translated into all the official languages of the EU, will also help rights holders file their Application to Customs for Action ("AFA") electronically, directly into the COPIS customs system.  

Use of the database is free of charge: the only prerequisite for registration is a valid registered trade mark within the EU. The Observatory's recent IP Contribution Study shows that a large part of European industry is IP rights-intensive and that intellectual property assets need appropriate protection. By using the enforcement database, brand owners can help support the fight against piracy and counterfeiting. In short, the more participants there are, the more effective this useful tool will be". 

From this it is apparent that ownership of a design right is not a sufficient basis for being able to take advantage of the database.  However, the database is intended to hold design information too.  As the particulars of the scheme indicate,

"The Enforcement Database is an IT database built on existing official registers such as TM-view and Design view."

and

" ... The Enforcement Database provides a central repository of information on products, uploaded by you as a right holder. This could be pictures of your products which are protected by trade mark or design rights, or any other relevant information about the products in question, like details about your company, contact persons for enforcement matters, logistic, prior cases, identifiers, packaging or any information that you believe would be useful for enforcement authorities to separate the fake from the genuine." 

 It is hoped that, once the Enforcement Database has been trialled and found successful, ownership of a design right will be added to the criteria for being able to use the system.