A Decade of Private Enforcement of Intellectual Property Rights under IPR Enforcement Directive 2004/48: Where do We Stand (and Where might We Go)?

• Autores: Folkert Wilman
• Localización: European law review, ISSN 0307-5400, Nº 4, 2017, págs. 509-531
• Idioma: inglés
• Texto completo no disponible (Saber más ...)
• Resumen

  • This article discusses and analyses the IPR Enforcement Directive (2004/48). It does so in light of its functioning in practice over the past decade, its context and the case law of the Court of Justice, against the background of the current review of the Directive by the Commission and its possible amendment. In addition to a number of general issues, particular attention is paid to the rules on evidence and information, injunctions and the involvement of intermediaries, as well as actions for damages and legal costs. It is shown that in many respects the Directive is an important legal instrument for the private enforcement of EU law on intellectual property, but also that it gives rise to several controversial issues and complex challenges.