CASE STUDIES
- Coordination
- Understanding needs
- SME preparation
- Innovation
- Doing it properly
- Experience exchange
- Paying of it
ENFORCEMENT SUPPORT
POLAND
Enforcement Best Practices
POLAND
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Financial support to business support institutions and their networks (Sub-network for Brands) (KIGNET - Izbowy system wsparcie konkurencyjnosci przedsiebiorstw, Podsiec Marka) |
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1. General presentation |
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1.1 Overview |
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The main goal is to increase the competitiveness of Polish companies, in particular SMEs, through the improvement of accessibility to high quality services provided by business support institutions. The activities, which are eligible for financing are as follows: § building the image and branding of companies and products including promotion and PR activities § advisory and training services in the area of branding and IPR protection § creation of a systemic approach to the introduction of branded products in local/regional, national and foreign markets |
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1.2 Sector focus |
Sector: No specific sector |
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1.3 Institution (managing initiative) |
The KIGNET Brand-Bureau , the Polish Chamber of Commerce (Biuro Akademii Marek Krajowej Izby Gospodarczej)
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2. Detailed Information |
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2.1 Start date |
January 2005 |
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2.2 End date |
October 2007 |
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2.3 Budget |
- |
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2.4 Type of initiative
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Initial Information & Signposting Dedicated Information Provision Dedicated Services Professional Advice: Training International Liaison & Actions by Business Organisations Funding & Evaluation: Providing funding to support organisations to improve (inter alia) their IPR services Public Access & Co-ordination Measures Other (specify): |
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2.5 Type of IPR |
All IPR Industrial Property Inventions : Patents Utility Models Plant Varieties Topographies of Semiconductor Products Distinctive Signs : Trade Marks Trade Names Geographical Indications, Designations of Origin Aesthetic Creations: Designs (industrial design) Intellectual Property Literary, Scientific, Artistic Creations : Copyright Neighbouring Rights Rights in Common Law, Tort, Competition Law etc. Trade Secrets, Licensing & Confidentiality Agreements |
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2.6 Stage in Enforcement Process |
All Stages Registration Business Planning / Strategy Investigations Administrative Procedures Litigation Other (specify): |
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3. Evaluation of Initiative |
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3.1 Overall appraisal |
Technopolis appraisal: 2 (1 = very unsatisfactory , 5 = very successful) Although it is too early to appraise this initiative, it can be said to have had an important effect, notably increasing the scope of the services provided by business support organisations to SMEs and improving their quality. The low assessment can be explained by the initiative’s lack of specific focus on counterfeiting and other IPR abuses. |
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4. Further Information |
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4.1 Document References |
Sektorowy Program Operacyjny Wzrost Konkurencyjnosci Przedsiebiorstw (2004-06) |
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4.2 Web Site |
http://www.kig.pl/kignet.php |
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4.3 Contacts
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Jacek Przeslakowski Biuro Akademii Marek Krajowej Izby Gospodarczej tel. +48 (22) 63 09 687 fax. +48 (22) 82 61 399 e-mail: jprzeslakowski@kig.pl |
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4.4 Information Source |
Technopolis report: “Effects of counterfeiting on EU SMEs and a review of various public and private IPR enforcement initiatives and resources” |
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Support programme for obtaining IPR protection abroad (Program na uzyskanie wparcia na ochrone prawa wlasnosci przemyslowej za granica) |
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1. General presentation |
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1.1 Overview |
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The support is aimed at covering the costs of small companies involved in the registration of inventions, utility models, industrial designs, trademarks, etc. with a view to their gaining international protection (e.g. a the Chinese Patent Office). |
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1.2 Sector focus |
Sector: No specific sector |
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1.3 Institution (managing initiative) |
The Polish Agency for Enterprise Development (Polska Agencja Rozwoju Przedsiebiorczosci)
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2. Detailed Information |
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2.1 Start date |
December 2006 |
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2.2 End date |
Ongoing |
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2.3 Budget |
- |
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2.4 Type of initiative
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Initial Information & Signposting Dedicated Information Provision Dedicated Services Professional Advice Training International Liaison & Actions by Business Organisations Funding & Evaluation Public Access & Co-ordination Measures Other (specify): |
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2.5 Type of IPR |
All IPR Industrial Property Inventions : Patents Utility Models Plant Varieties Topographies of Semiconductor Products Distinctive Signs : Trade Marks Trade Names Geographical Indications, Designations of Origin Aesthetic Creations: Designs (industrial design) Intellectual Property Literary, Scientific, Artistic Creations : Copyright Neighbouring Rights Rights in Common Law, Tort, Competition Law etc. Trade Secrets, Licensing & Confidentiality Agreements |
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2.6 Stage in Enforcement Process |
All Stages Registration Business Planning / Strategy Investigations Administrative Procedures Litigation Other (specify): |
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3. Evaluation of Initiative |
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3.1 Overall appraisal |
Technopolis appraisal: 3 (1 = very unsatisfactory , 5 = very successful)
Although this initiative helps companies (especially micro and SMEs) in covering the costs of their IPR protection abroad, it does not foresee specific actions to tackle the problem of counterfeiting and other IPR abuses. |
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4. Further Information |
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4.1 Document References |
Regulation of 2 December 2006 concerning the financial support of the Polish Agency for Enterprise Development not related to the Operational Programmes. (Rozporzadzenie Ministra Gospodarki z dnia 2 grudnia 2006 r. w sprawie udzielenia przez Polska Agencje Rozwoju Przedsiebiorczosci pomocy finansowej niezwiazanej z programami operacyjnymi) |
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4.2 Web Site |
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4.3 Contacts
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The Polish Agency for Enterprise Development Polska Agencja Rozwoju Przedsiebiorczosci Zespol Innowacji i Technologii tel. +48 (022) 432 80 80 fax. +48 (022) 432 86 20 e-mail: pi@parp.gov.pl |
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4.4 Information Source |
Technopolis report: “Effects of counterfeiting on EU SMEs and a review of various public and private IPR enforcement initiatives and resources” |
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Polish Association of Branded Goods Manufacturers (Polskie Stowarzyszenie Wytworcow Produktow Markowych "ProMarka") |
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1. General presentation |
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1.1 Overview |
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The ProMarka association has 50 members, representing the biggest producers of branded products. The member companies give employment to about 60,000 workers in nearly 200 companies in Poland. The main goal of the association is building, promotion and protection of trademarks and brands as a means of distinguishing the products, as well as protection of branded products and their consumers. ProMarka represents the producers of branded goods in their contacts with public administrations and other organisations active in the field of counterfeiting. The association has recently prepared a guide for companies, which are confronted with the problem of look-alike products. |
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1.2 Sector focus |
Sector: No specific sector |
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1.3 Institution (managing initiative) |
Polish Association of Branded Goods Manufacturers (Polskie Stowarzyszenie Wytworcow Produktow Markowych "ProMarka")
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2. Detailed Information |
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2.1 Start date |
1997 |
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2.2 End date |
Ongoing |
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2.3 Budget |
- |
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2.4 Type of initiative
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Initial Information & Signposting Dedicated Information Provision: Guide for companies confronted with counterfeiting Dedicated Services: Assisting members in protecting their trademarks/brands and providing non-legal representation Professional Advice: Advice on brand building Training International Liaison & Actions by Business Organisations Funding & Evaluation Public Access & Co-ordination Measures Other (specify): |
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2.5 Type of IPR |
All IPR Industrial Property Inventions : Patents Utility Models Plant Varieties Topographies of Semiconductor Products Distinctive Signs : Trade Marks Trade Names Geographical Indications, Designations of Origin Aesthetic Creations: Designs (industrial design) Intellectual Property Literary, Scientific, Artistic Creations : Copyright Neighbouring Rights Rights in Common Law, Tort, Competition Law etc. Trade Secrets, Licensing & Confidentiality Agreements |
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2.6 Stage in Enforcement Process |
All Stages Registration Business Planning / Strategy Investigations Administrative Procedures Litigation Other (specify): |
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3. Evaluation of Initiative |
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3.1 Overall appraisal |
Technopolis appraisal: 4 (1 = very unsatisfactory , 5 = very successful)
This is practically the only association active in the field of anti-counterfeiting and other IPR abuses in Poland. |
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4. Further Information |
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4.1 Document References |
- |
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4.2 Web Site |
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4.3 Contacts
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Sylwia Sasal Polskie Stowarzyszenie Wytworcow Produktow Markowych "ProMarka" tel: +48 (22) 622 49 54, 622 39 38 fax: +48 22 622 94 82 e-mail: s.sasal@promarka.pl |
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4.4 Information Source |
Technopolis report: “Effects of counterfeiting on EU SMEs and a review of various public and private IPR enforcement initiatives and resources” |
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1. General presentation |
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1.1 Overview |
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The aim of reviewing the cases involving crimes against IPR protection, which took place in 2005 and were closed in that same year, was to prepare a blueprint for the Public Prosecutors' Offices on methodological aspects with a view to reducing the duration of such cases. |
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1.2 Sector focus |
Sector: No specific sector |
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1.3 Institution (managing initiative) |
Ministry of Justice, Public Prosecutor's Office Ministerstwo Sprawiedliwosci, Biuro Prokuratory
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2. Detailed Information |
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2.1 Start date |
January 2006 |
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2.2 End date |
- |
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2.3 Budget |
- |
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2.4 Type of initiative
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Initial Information & Signposting Dedicated Information Provision Dedicated Services Professional Advice Training International Liaison & Actions by Business Organisations Funding & Evaluation Public Access & Co-ordination Measures: Preparing a national methodological blueprint for reducing the duration of cases to do with the breach of IPR protection Other (specify): |
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2.5 Type of IPR |
All IPR Industrial Property Inventions : Patents Utility Models Plant Varieties Topographies of Semiconductor Products Distinctive Signs : Trade Marks Trade Names Geographical Indications, Designations of Origin Aesthetic Creations: Designs (industrial design) Intellectual Property Literary, Scientific, Artistic Creations : Copyright Neighbouring Rights Rights in Common Law, Tort, Competition Law etc. Trade Secrets, Licensing & Confidentiality Agreements |
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2.6 Stage in Enforcement Process |
All Stages Registration Business Planning / Strategy Investigations Administrative Procedures Litigation Other (specify): |
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3. Evaluation of Initiative |
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3.1 Overall appraisal |
Technopolis appraisal: 2 (1 = very unsatisfactory , 5 = very successful)
This is one of the measures, which is useful, but at the same time does not grant support to SMEs (therefore the relatively low score on effectiveness). |
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4. Further Information |
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4.1 Document References |
Progress report concerning the first semester of 2006 from the implementation of tasks included in the government document "Strategy of activities in favour of IPRs in Poland in 2006" Raport za pierwsze polrocze 2006 r. z wykonania zadan zawartych w dokumencie rzadowym "Strategia dzialan na rzecz ochrony wlasnosci intelektualnej w Polsce w 2006". |
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4.2 Web Site |
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4.3 Contacts
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Jerzy Zientek Prokuratura Krajowa, Biuro Postepowania Przygotowawczego tel. +48 (22) 52 12 637 e-mail: pr.bpp@ms.gov.pl |
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4.4 Information Source |
Technopolis report: “Effects of counterfeiting on EU SMEs and a review of various public and private IPR enforcement initiatives and resources” |
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1) Strategy of actions aimed at protecting copyright and neighbouring rights 2008-2010; 2) Report on observing copyright and related rights in Poland in 2007 |
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1. General presentation |
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1.1 Overview |
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1) The ‘Strategy of actions aimed at protecting copyright and neighbouring rights’ is a consequence of coordinated work of numerous state authorities supported by organisations responsible for the collective management of copyright and neighbouring rights and other legal entities protecting the rights holders. The aim of the Strategy - which is developed by an inter-departmental ‘Team for Counteracting Infringements of Copyright and neighbouring Rights’ - is to coordinate actions undertaken by public administration against piracy and other copyright infringements in Poland. The Strategy sets the aims and directions of combat against piracy, as well as suggesting new solutions in this area to the public authority bodies. The Strategy concerns only a small fraction of the problems that relate to intellectual property rights infringements, but a significant and visible part, especially since regulations, initiatives taken in cooperation with other public authority bodies and actions aiming to combat business fraud and smuggling are closely interrelated. It is expected that the long-lasting effect of this cooperation will be a gradual reduction in the level of copyright and neighbouring right infringements in Poland. 2) The ‘Report on observing copyright and neighbouring rights’ is a document drawn up each year to sum up the actions that were undertaken in the previous year as part of the Strategy just mentioned. The document is prepared on the basis of the materials submitted by public entities, organisations for collective management of copyright and neighbouring rights and other social partners engaged in protecting copyright and neighbouring rights. The 2007 Report is the sixth edition of the report that has been prepared during successive years. The report focuses on the assessment of developments and actions in the area of copyright and neighbouring rights, that took place in 2006 and on the description of the activities that were started in 2006 and continued or completed in 2007. |
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1.2 Sector focus |
Sector: No specific sector |
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1.3 Institution (managing initiative) |
Team for Counteracting the Infringement of Copyright and Related Rights (Chairman – Minister of Culture and National Heritage) |
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2. Detailed Information |
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2.1 Start date |
2008 |
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2.2 End date |
2010 |
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2.3 Budget |
- |
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2.4 Type of initiative
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Initial Information & Signposting Dedicated Information Provision Dedicated Services Professional Advice Training International Liaison & Actions by Business Organisations Funding & Evaluation Public Access & Co-ordination Measures Other (specify): |
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2.5 Type of IPR |
All IPR Industrial Property Inventions : Patents Utility Models Plant Varieties Topographies of Semiconductor Products Distinctive Signs : Trade Marks Trade Names Geographical Indications, Designations of Origin Aesthetic Creations: Designs (industrial design) Intellectual Property Literary, Scientific, Artistic Creations : Copyright Neighbouring Rights Rights in Common Law, Tort, Competition Law etc. Trade Secrets, Licensing & Confidentiality Agreements |
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2.6 Stage in Enforcement Process |
All Stages Registration Business Planning / Strategy Investigations Administrative Procedures Litigation Other (specify): |
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3. Evaluation of Initiative |
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3.1 Overall appraisal |
N/A |
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4. Further Information |
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4.1 Document References |
“Strategy of actions aimed at protecting copyright and neighbouring rights 2007”; “Report on observing copyright and related rights in Poland in 2006” |
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4.2 Web Site |
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4.3 Contacts
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Krzysztof Guzowski Legal Department Ministry of Culture and National Heritage tel. +48 22 421 04 52 |
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4.4 Information Source |
IPR Enforcement Support Expert Group |
Innovaccess is a constituent part of the IP Awareness and Enforcement: Modular Based Actions for SMEs project (IPeuropAware) which is co-financed by the CIP Programme, DG Enterprise and Industry of the European Commission
