A draft of the Intellectual Property (Enforcement, etc.) Regulations 2006 has been published by the Patent Office following a consultation last Autumn. The Regulations will bring into force the 2004 EU Directive on the enforcement of intellectual property rights, a major plank in the EU strategy against counterfeiting and piracy.
The Directive is broadly consistent with the current UK framework for the enforcement of intellectual property rights, and provides a sound basis for harmonising civil measures available to enforce intellectual property rights across the European Union.
The Directive brings national legislation on sanctions and remedies closer into line across the EU. It also provides for the wider dissemination of intellectual property judgments and the adoption of professional codes of conduct.
The Directive, which covers infringements of intellectual property rights provided under Community law and/or by national law of the Member States, includes procedures covering evidence and the protection of evidence and provisional measures such as injunctions and seizure. Remedies available to right holders include the destruction, recall or permanent removal from the market of illegal goods, as well as financial compensation, injunctions and damages. A right of information allowing judges to order certain persons to reveal the names and addresses of those involved in distributing the illegal goods or services is also provided.
Member States are required to implement the Directive by 29 April 2006.
Links:
Click on the icon below for the draft proposed Regulations.