The IP Federation has submitted a response to the consultation closing 15 April 2016 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.
The IP Federation believes that the existing measures provided for by IPRED are generally an effective framework for enforcing intellectual property rights throughout the European Union. In particular, the IP Federation considers that provided IPRED is applied by Member States in line with the spirit of its recitals, it strikes a balance in providing a harmonised and strong regime for enforcement of intellectual property rights, while safeguarding against the potential for abuse. The Commission, if minded to, could take this opportunity to review the manner and extent to which Member States apply IPRED’s framework.
To the extent that the Commission considers it necessary to amend IPRED’s provisions, the IP Federation urges that caution is taken with any change. It must be borne in mind that the provisions of IPRED apply to all intellectual property rights. An amendment made to address possible concerns raised with respect to a particular intellectual property right and/or nature of infringement may have unintended consequences when applied to other forms of intellectual property rights or infringement..
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