European Commission public consultation on the evaluation and modernisation of the legal framework for the enforcement of intellectual property rights (IPR)

This consultation aims to help assess the functioning of Directive 2004/48/EC on the enforcement of intellectual property rights (IPRED) in the online environment, with a view to identify the possible need for adapting such provisions and to propose corrective measures. It also aims to gather experience and opinions about the use and impact of so-called 'follow the money' initiatives in the area of IPR enforcement.

Background

In its Digital Single Market strategy the European Commission committed to undertake a set of targeted actions which aim to foster the cross-border digital economy and ensure a safe online environment for business operators and consumers. Among the concrete actions envisaged is the modernisation of IPR enforcement, focusing on commercial-scale infringements (the 'follow the money' approach) and its cross-border applicability. The European Commission’s Single Market Strategy reiterates these objectives, emphasising the horizontal approach to IPR enforcement and the need to strengthen the protection of all IPR.

Consultation

In this consultation, the European Commission seeks views from all interested parties on the question if the legal enforcement framework is still fit for purpose. The consultation aims to help assess the functioning of Directive 2004/48/EC on the enforcement of intellectual property rights (IPRED) in the online environment, with a view to identify the possible need for adapting such provisions and to propose corrective measures. It also aims to gather experience and opinions about the use and impact of so-called 'follow the money' initiatives in the area of IPR enforcement.

The consultation consists of 5 different questionnaires for the different stakeholder groups, namely, rightholders, the judiciary and legal profession, intermediaries, Member States and public authorities, and consumers and civil society.

The European Commission has invited all interested parties to participate in this consultation which can be accessed below.

The consultation will run until 1 April 2016.

Published by Other

Topics: Intellectual Property