Communication – Guidance on certain aspects of Directive 2004/48/EC on the enforcement of intellectual property rights

Author (Corporate)
Series Title
Series Details (2017) 708 final (29.11.17)
Publication Date 29/11/2017
Content Type

Further information:

The objective of this guidance is to facilitate the Directive’s interpretation and application by competent judicial authorities and other parties involved in the enforcement of IPR in proceedings before those authorities.

Background information:

Intellectual property rights (IPR) protect intangible assets, allowing creators, inventors and artists to profit from their creative and innovative activities. Directive 2004/48/EC on the enforcement of intellectual property rights provides for a minimum but standard set of measures, procedures and remedies allowing effective civil enforcement of intellectual property rights. The objective of IPRED is to bring national legislative systems closer together to ensure a high, equivalent and homogeneous level of protection in the internal market.

The Directive has led to the creation of a common legal framework where the same set of tools is to be applied across the Union. However, the measures, procedures and remedies set out in the Directive are not implemented and applied in a uniform manner among the Member States. Thus, the EU legal framework for civil enforcement of IPR could benefit from the clarification of certain aspects of the Directive allowing a more consistent and effective interpretation and application.

This Guidance Communication is part of a comprehensive package of measures on intellectual property, the framework of which is explaine by the Communication below.

+ Communication on 'A balanced IP enforcement system responding to today's societal challenges' [COM(2017)707]

The European Commission adopted on 29 November 2017 a Communication containing guidance on its views regarding the provisions of the Directive 2004/48/EC on the enforcement of intellectual property rights.

Source Link Link to Main Source http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2017:708:FIN
Related Links
European Commission: Factsheet, 29.11.17: Intellectual Property Rights Enforcement [FAQs] http://europa.eu/rapid/press-release_MEMO-17-4943_en.htm
European Commission: Press Release, 29.11.17: Intellectual property: Protecting Europe's know-how and innovation leadership http://europa.eu/rapid/press-release_IP-17-4942_en.htm
European Commission: Opening statements by Vice-President Jyrki Katainen and Commissioner Elżbieta Bieńkowska at the press conference on Intellectual Property rights package http://europa.eu/rapid/press-release_SPEECH-17-5028_en.htm
EUR-Lex: SWD(2017)431: Evaluation http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2017:431:FIN
EUR-Lex: SWD(2017)432: Executive summary of the evaluation http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2017:432:FIN

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