Answer given by Mr Breton on behalf of the European Commission
27.1.2021
Directive 2004/48/EC[1] sets out measures, procedures and remedies necessary to ensure a high, equivalent and homogeneous level of enforcement of intellectual property (IP) rights in the internal market In November 2017, the Commission evaluated the directive and concluded that it was still ‘fit for purpose although its application is not uniform across the EU’.
Therefore, it provided guidance on its application[2]. In the recently adopted IP Action Plan[3], the Commission announces that it will continue to monitor the application of the directive[4]. Additionally, the Commission committed to step up its efforts to fight against piracy in the recently adopted Media Action Plan[5].
In particular, the Commission plans to engage in discussions with the industry to see how existing remedies, such as injunctions, can be made more efficient and easier to obtain and to foster the cooperation amongst national enforcement authorities and cross-border enforcement.
In 2005, the Commission proposed the harmonisation of criminal-law provisions to combat infringements of IP rights[6]. The proposal did not gather sufficient support in the Council and the Commission withdrew its proposal in 2010.
With regard to expedited procedures to use evidence, Regulation 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters[7] contains provisions allowing the cross-border enforcement of provisional, including protective, measures ordered by a court.
The regulation equally applies to the cross-border recognition and enforcement of judgments on the merits given in civil and commercial matters, including in cases dealing with intellectual property rights.
- [1] Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, OJ L 157, 30.4.2004.
- [2] Guidance on certain aspects of Directive 2004/48/EC on the enforcement of intellectual property rights (SWD(2017) 432 final).
- [3] https://ec.europa.eu/commission/presscorner/detail/en/ip_20_2187
- [4] Communication of the Commission of 25 November 2020 Making the most of the EU’s innovative potential — An intellectual property action plan to support the EU’s recovery and resilience — COM(2020) 760 final.
- [5] Communication from the Commission of 3 December 2020 Media in the Digital Decade: An Action Plan to Support Recovery and Transformation — COM(2020) 784 final.
- [6] COM(2005) 276 final, July 12, 2005.
- [7] Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.