Digital Single Market: The Evidence
            
            In light of the evolution of commercial scale IP  infringing behavior, the Commission highlighted in recently adopted Action Plan  that it would seek with the MS to re-orientate its policy for IP enforcement  towards a better compliance of IP right by all economic actors. Rather than  penalizing the citizen for infringing – often unknowingly – IP rights, the  non-legislative actions set out in this Action Plan pave the way towards a “follow the money approach”, seeking to  deprive commercial scale infringers of the revenue flows that draw them into  such activities.
            Therefore, and in order to establish a coherent  and comprehensive framework of action against online economic crime, two additional elements of IP enforcement  could become important building blocks of the DSM, and would play a key  role in improving trust and security of IP intensive businesses.
            1) a “fair” DSM where all economic agents (not only  ISPs) apply due diligence principles  in their value chain – thus ensuring compliance and enforcement on the  internet. This could be encouraged by clarifying existing injunctive provisions  in the IPRED directive. On the basis of Article 11 of IPRED – which already  opens the possibility to seek injunctive relief against intermediaries, the aim  would be to encourage due diligence to be applied by all (on-line and off-line)  intermediaries as a means to avoid commercial scale infringing. This would  fulfil the “follow the money approach to IP enforcement”;
            2) a “secure” and therefore “fair” EU network on  which to build the DSM that could be achieved by the adoption of a revised  2013/0027 proposal. This might include placing commercial scale on-line  intellectual property/major economic cybercrime infringements in the scope of  the circumstances that the selected network essential service providers would  have to notify to public authorities responsible for the security of critical  infrastructures;
            3) a “fair” and proportionate cross-border redress toolbox in order to protect  their investments in innovation and more generally their growth strategies in  the digital market place. This follow the money approach to IP enforcement  would provide for better respect of IP rights in the DSM allowing it to grow  further and be characterised by new innovative entrants.