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Topic: Directive on the enforcement of intellectual property rights


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In the News (Sat 2 Jun 12)

  
  SCADPlus: Enforcement of intellectual property rights
Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights.
An application to apply intellectual property protection measures may be submitted by the holders of intellectual property rights, their representatives and all other persons authorised to use those rights in accordance with the applicable law.
Where there is a demonstrable risk of an intellectual property right being infringed, even before the commencement of proceedings on the merits of the case, the competent judicial authorities may order prompt provisional measures to preserve evidence.
europa.eu /scadplus/leg/en/lvb/l26057a.htm   (1715 words)

  
 21C3: Vorträge und Workshops: Enforcement of Intellectual Property Rights under German Private Law
Until recently, sanctions for IP rights infringements tended to be left aside in the course of the process of harmonisation of IP law in Europe.
The Directive “on the Enforcement of Intellectual Property Rights” (2004/48/EC) is the first ambitious step by the European legislator to regulate this area of law.
As far as the Directive allows for it any drastic measures should be subject to precise and not too lax legal requirements and to an assessment by the courts of whether a measure appears proportionate under the circumstances of the individual case.
www.ccc.de /congress/2004/fahrplan/event/122.de.html   (596 words)

  
 16 Feb EU Proposal IPR Enforcement Directive
Effective enforcement of the substantive law on intellectual property, which is nowadays largely part of the acquis communautaire, must be ensured by specific action at Community level.
This is the case with the right of information, which allows precise information to be obtained on the origin of the infringing goods or services, the distribution channels and the identity of the third parties involved in the infringement.
This Directive concerns the measures and procedures necessary to ensure the enforcement of intellectual property rights.
www.ipjustice.org /CODE/021604.html   (3924 words)

  
 The Draft IP Enforcement Directive
Directive on waste electrical and electronic equipment which will force Member States to outlaw, by the end of 2007, the circumvention of EU recycling rules by companies who design products with chips to ensure that they cannot be recycled.
Effects of harsher enforcement: In these turbulent waters, the Commission has launched a draft Directive that will criminalise all acts of intellectual property infringement that are carried out deliberately in the course of a business, rather than just serious cases as at present.
The draft Enforcement Directive is wildly inconsistent with this proposal; comparing the two brings out sharply how excessive the Enforcement Directive is by the usual standards of European legislation.
www.fipr.org /copyright/draft-ipr-enforce.html   (3465 words)

  
 EU Directive on Criminal Measures Aimed at Ensuring the... - Wikipedia, the free encyclopedia
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en.wikipedia.org /wiki/EU_Directive_on_Criminal_Measures_Aimed_at_Ensuring_the...   (212 words)

  
 No Title   (Site not responding. Last check: 2007-10-11)
Blurring the distinctiveness of these separate rights into the single ambiguous, unclearly defined and even controversial term Intellectual Property is not a good way to preserve the legal precision which derives by maintaining the separate rights as separate legally distinct entities.
If the directive were to be implemented that way, organized counterfeiters would then strategically be able to decide where best to control their actions from, so as not to be subject to searches, seizures and the freezing of bank accounts, depending on their "specialization" in infringing rights.
Given that Rights on Immaterial Goods are generally a quite complex issue, and that there is little experience in mixing together civil and criminal law in continental Europe, this Directive might have unforeseeable results for a large number of member states.
wiki.ael.be /uploads/ipenf_comments.html   (2748 words)

  
 Directive on the enforcement of intellectual property... - Wikipedia, the free encyclopedia
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en.wikipedia.org /wiki/Directive_on_the_enforcement_of_intellectual_property...   (184 words)

  
 Intellectual Property Rights Enforcement Directive - Introduction and Overview   (Site not responding. Last check: 2007-10-11)
Fourtou has particular interest in strong sanctions for infringements of intellectual property rights: Her husband, Jean-René Fourtou, is the CEO of music giant Vivendi Universal, the world's biggest holder of intellectual property rights, and one of the top sponsors of the music major's top lobbying group.
Certain types of intell­ectual property rights such as patents should be excluded in their entirety from the scope of the directive.
Directives of this importance must undergo adequate debate and consideration by the entire EU and not be rushed through on a "First Reading." This proposal should properly be sent into a "Second Reading" where its controversial provisions can be publicly considered.
wiki.ael.be /uploads/IPR_main.html   (875 words)

  
 Critics delay vote on EU intellectual property law - ZDNet UK News   (Site not responding. Last check: 2007-10-11)
The draft directive on the enforcement of intellectual property (IP) rights was set for a vote in the European Parliament on 11 September, but was delayed until early November, then until this week.
The delays are the result of the intense controversy surrounding the directive, one of several major proposed changes to the way intellectual property is handled in the EU.
The MEP responsible for guiding the IP enforcement directive through the European Parliament, Janelly Fourtou -- the wife of Vivendi Universal president and chief executive Jean-Rene Fourtou -- granted the delay in response to demands by a majority of the Parliament's Judicial Affairs Committee.
news.zdnet.co.uk /business/legal/0,39020651,39117998,00.htm   (570 words)

  
 Intellectual Property Enforcement | EDRI
The European Union's disputed Directive on the Enforcement of Intellectual Property Rights is scheduled for a fast-track procedure that may lead to it being adopted by the European Council in little more than two weeks.
The IPRE directive was designed to prevent piracy and counterfeiting in the EU, but the scope and criminal sanctions were extended to infringement of any IP right, for example to peer-to-peer file exchangers.
The Directive is, according to Schaar, also likely to undermine current initiatives to regulate the use of RFID tags, and he criticizes the possible extension of the field of application from professional copyright pirates to 'everyone exchanging private copies', which would be 'unproportional'.
www.edri.org /taxonomy/term/18/0?from=50   (1054 words)

  
 FSF Europe - IPRED2 - The second "Intellectual Property Rights" Enforcement Directive
Giving litigators increased access to the resources of national enforcement bodies, and increasing the severity of effects which can be achieved by litigation, will encourage people to use litigation as a commercial tool in the market.
For most EU member states, this is proposing harsher punishments for incitement or abetting of "intellectual property right" infringements than currently exist for actually committing such an infringement.
Since the Commission has handed the Parliament this directive which is basically one single sentence containing undefined and vague terms, it would be reasonable for the Parliament to reject this proposal on the grounds that the Commission has not done its job.
www.fsfeurope.org /projects/ipred2/ipred2.it.html   (1573 words)

  
 EGA Policy & Positions - Intellectual Property
EGA Web page on “Generics and Intellectual Property” provides a thorough yet easily accessible presentation of the basic terms and concepts of intellectual property as related to the pharmaceutical industry in general, and to the the generic medicines sector in particular.
Directive of the European Parliament and of the Council on measures and procedures to ensure the enforcement of intellectual property rights
WIPO “The World Intellectual Property Organization (WIPO) is dedicated to promoting the use and protection of works of the human spirit.
www.egagenerics.com /pol-intprop.htm   (823 words)

  
 MSN Tech & Gadgets
The proposed directive on the enforcement of intellectual property rights, earlier set for a vote in a Thursday plenary session, is now scheduled for discussion on Nov. 4.
When the proposal on enforcement of intellectual property rights was first introduced in January, it drew a "dismayed" reaction from the International Federation of the Phonographic Industry (IFPI) and other copyright holder lobbyists, which called for the measure to be beefed up.
The delay in voting on the new proposal follows the rescheduling of a vote on a proposal on the patentability of computer-implemented inventions, which has attracted heated criticism from computer scientists, economists and developers.
msn.com.com /2100-3513_22-5074973.html   (530 words)

  
 Intellectual Property Rights Enforcement Directive - Irish Free Software Organisation (IFSO)
The IPR Directive 2003 aims to harmonise the legislation of EU member states with regard to the enforcement of intellectual property rights.
The Directive is entering a crucial stage with informal meetings between the three institutions to negotiate an agreement as their deadlines approach.
Proposal for a Directive of the European Parliament and of the Council on Measures and Procedures to Ensure the Enforcement of Intellectual Property Rights COM (2003) 46 final, January 30, 2003
www.ifso.ie /projects/ipre.html   (922 words)

  
 Internal Market - COPYRIGHT AND NEIGHBOURING RIGHTS - Enforcement
The Directive on the enforcement of intellectual and industrial property rights such as copyright and related rights, trademarks, designs or patents was adopted in April 2004.
The Directive would require all Member States to apply effective, dissuasive and proportionate remedies and penalties against those engaged in counterfeiting and piracy and so create a level playing field for right holders in the EU.
The Commission proposed the Directive on 30 January 2003 and it was approved by the European Parliament in March 2004.
ec.europa.eu /internal_market/copyright/enforcement/enforcement_en.htm   (143 words)

  
 IP Justice: CODE Campaign for an Open Digital Environment   (Site not responding. Last check: 2007-10-11)
proposal for a Directive on measures and procedures to ensure the enforcement of intellectual property rights throughout the Community.
Intellectual Property Enforcement Directive contains a number of seriously troubling provisions that threaten innovation and competition and endanger the civil rights of all Europeans.
The directive passed in the EU Plenary currently set on 9 March 2004 and it was approved by the Council on 11 March 2004.
www.ipjustice.org /CODE   (1076 words)

  
 The Second IPR Enforcement Directive
The directive will also give the former patent holder greater powers to seize bank accounts, get court orders to disclose documents, and generally harrass the generic manufacturer more severely than before.
The Directive does not contain any exemption for research; it may become technically illegal to possess a laser (as it can be used to forge a hologram), or a magnetic-card reader-writer (as it can be used to forge a credit card).
The UK's interests are not at all well served by this directive, and I strongly urge you and your colleagues to use the opportunity of the UK Presidency to kick it into touch.
www.fipr.org /copyright/ipred2.html   (1564 words)

  
 EU to Enlarge its Legal Arsenal in War Against Counterfeiting
A draft Directive on the enforcement of intellectual property rights and a proposal to improve the existing Regulation on customs action against counterfeiting were presented in January.
Pirates and counterfeiters have been taking advantage, says the Commission, of the important differences in the legislation of EU Member States concerning the enforcement of intellectual property rights.
The proposed Directive therefore aims to harmonise national laws on the means of enforcing those intellectual property rights that have already been harmonised within the EU (copyrights, trademarks and designs) and to establish a framework for exchange of information between competent national authorities.
www.sib.it /engsib/novita/tm/030203.htm   (492 words)

  
 EU delays vote on 'Euro-DMCA' - Builder UK
The proposed directive on the enforcement of intellectual property rights, earlier set for a vote in a Thursday plenary session, is now scheduled for discussion on 4 November.
Janelly Fourtou, the MEP responsible for guiding the proposal through parliament, has not yet produced her report on the draft legislation, according to those familiar with the situation.
Critics say that large multinationals would be the biggest beneficiaries of the directive, because of its ban on reverse engineering, while street buskers and book readers for the blind would be criminalised.
uk.builder.com /developer/0,39026995,39116281,00.htm   (600 words)

  
 New Euro directive means Hollywood can break down your door at midnight
The European Intellectual Property Rights Enforcement Directive allows Hollywood and recording industry enforcers to prosecute consumers for minor and non commercial infringements of intellectual property rights.
The directive also allows private citizens' houses to be raided, bank accounts to be frozen, and assets to be seized without a court approving the move.
A set of amendments was not debated, and the European Council is set to ratify the directive on 11th March.
www.theinquirer.net /?article=14609   (286 words)

  
 Bardehle Pagenberg Dost Altenburg Geissler - Germany - The Directive on the Enforcement of Intellectual Property Rights ...
Bardehle Pagenberg Dost Altenburg Geissler - Germany - The Directive on the Enforcement of Intellectual Property Rights and its Implementation Into German Law (25/05/2005) from Mondaq
Germany: The Directive on the Enforcement of Intellectual Property Rights and its Implementation Into German Law
View summary of all information contributed by Bardehle Pagenberg Dost Altenburg Geissler
www.mondaq.com /article.asp?articleid=32716&email_access=on   (294 words)

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