Directive on the enforcement of intellectual property rights
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Directive 2004/48/EC |
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| Title: | Directive on the enforcement of intellectual property rights |
| Made by: | European Parliament & Council |
| Made under: | Art. 95 |
| Official Journal reference: | L157, 2004-04-30, pp. 32–36 L195, 2004-06-02, pp. 16–25 |
| Dates | |
| Made: | 2004-04-29 |
| Came into force: | 2004-05-20 |
| Implementation date: | 2006-04-29 |
| Preparative texts | |
| Proposal from the Commission: | |
| Opinion of the Economic and Social Committee: | C32, 2004-02-05, p. 15 |
| Opinion of the European Parliament: | |
| Reports: | |
| Other legislation | |
| Replaces: | — |
| Amends: | — |
| Amended by: | — |
| Replaced by: | — |
| Status: Current legislation | |
Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights is a European Union directive in the field of intellectual property law, made under the internal market provisions of the Treaty of Rome. The directive covers the remedies that are available in the civil courts, but not criminal offenses. Under Article 3(1), Members States can be censured in the European Court of Justice if their civil procedures on the infringement of intellectual property rights are "unnecessarily complicated or costly, or entail unreasonable time-limits or unwarranted delays". Otherwise the Directive harmonizes the rules on standing, evidence, interlocutary measures, seizure and injunctions, damages and costs and judicial publication.
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[edit] Implementation
The Directive has been implemented into United Kingdom law by the Intellectual Property (Enforcement, etc.) Regulations 2006 No. 1028.
[edit] See also
- Regulation laying down measures to prohibit the release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods (EC No 3295/94)
- Directive on criminal measures aimed at ensuring the enforcement of intellectual property rights (proposed)
- Copyright law of the European Union
- Community Trade Mark
- European Union patent law
- Copyright infringement
[edit] References
[edit] External links
- Text of the Directive
- "Combating counterfeiting and piracy in the single market", European Parliament Green Paper,
- Legislative Overview from the European Parliament
- Procedure Observer from the European Parliament
- Report from the office of the European Parliament in the UK
- Information page from AEL
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Copyright law of the European Union |  |
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| Directives | Computer programs (91/250/EEC) • Rental & related rights (92/100/EEC) • Satellite & cable (93/83/EEC) • Duration (93/98/EEC) • Databases (96/9/EC) • Conditional access (98/84/EC) • Copyright (2001/29/EC) • Resale right (2001/84/EC) • Civil enforcement (2004/48/EC) Also: Regulation (EC) No 1383/2003 (Customs enforcement) |
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| Treaties | Berne Convetion • Rome Convention • TRIPS • WCT • WPPT | |
| National laws | Austria • Belgium • Cyprus • Czech Republic • Denmark • Estonia • Finland • France • Germany • Greece • Hungary • Ireland • Italy • Latvia • Lithuania • Luxembourg • Malta • Netherlands • Poland • Portugal • Slovakia • Slovenia • Spain • Sweden • United Kingdom | |
| EEA Countries | Iceland • Liechtenstein • Norway | |
