The "Directive on measures and procedures to ensure the
enforcement of intellectual property rights" was finally approved
by the EU in April last year and is due to be implemented by 29th
April 2006.
It is intended to help intellectual property right holders in
the fight against counterfeiting and piracy by providing a level
playing field for actions brought in any part of the EU. It is also
hoped that consistent regulation across the EU will encourage
cross-border investment and increase the movement of goods and
knowledge across the EU.
The Directive covers infringements of intellectual property
rights provided under both Community law and the national law of
the Member States. It includes procedures covering evidence and the
protection of evidence and provisional measures such as injunctions
and seizure.
It does not, however, include controversial provisions on
criminal sanctions that had been the subject of much criticism by
civil liberties and consumer groups prior to the passing of the
Directive.
The European Commission has now published separate proposals to
combat criminal infringements of intellectual property rights, and
these are being taken forward by the European Council and
Parliament.
The Patent Office consultation will run until 7th October.
