Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights

Summary of the initiative

Objective(s)
Protection of intellectual property for promoting innovation and creativity, but also for developing employment and improving competitiveness. According to the Directive 2004/48/EC on the enforcement of intellectual property rights Member States shall encourage the development by trade or professional associations or organisations of codes of conduct at Community level aimed at contributing towards the enforcement of the intellectual property rights, as well as the submission to the Commission of draft codes of conduct at national and Community level.

Description of the Initiative

    Sector

    Sector

    Contact Point - Commission
    GROW F5

    Self/Co-Regulation Basic Act

    LEGISLATIVE ACT
    Year
    2004
    Title of Act
    Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, Official Journal L 157, 30.4.2004 p. 45-86;
    Review, Revision or Sunset Clause Year
    2009

    Geographical Coverage

    Global coverage
    Participating Countries
    Austria

    Description

    Problems that lead to the introduction of Self/Co-Regulation and the adoption of the Founding Act
    Risk of property rights violation.
    Target Group(s)
    Trade or professional associations or organisations
    Type of Instrument(s)
    Code(s) of conduct
    Level(s) at which private rules should be defined and applied
    Type of Financing
    -
    Type of Monitoring
    Conduct an initial survey of compliance capacity of future regulateesConduct regular visits and spot checksInitiate complaints proceduresMaintain database of those bounded by the normsProduce regular reportsReceive complaints and verify if norms were breached or notReflexive dialogue with the - stakeholdersOther
    European Commissionyes
    National public authorityyes
    International public authority
    Private regulator (code owner)
    Private independent party with a mandate (e.g. auditors)
    Self-appointed private parties (e.g. NGOs)
    Succinct description of the type of Monitoring
    Specific measure to be put in place after entry into force of the legislative act; According to Article 17 the Member States shall encourage the submission to the Commission of draft codes of conduct and of any evaluations of the application of these codes of conduct; According to Article 18, three years after entry into force Member States shall submit to the Commission a report on the implementation. The Commission shall draw up a report on the application of this Directive, including an assessment of the effectiveness of the measures. That report shall then be transmitted to the European Parliament and the Council. It shall be accompanied, if necessary and in the light of developments in the Community legal order, by proposals for amendments to this Directive. Member States shall provide the Commission with all the aid and assistance it may need when drawing up the report.
    Type of Enforcement
    Faming, shaming and blamingJudicial sanctionsMembership suspension/exclusionPrivate finesOther
    Private Regulator
    Private independent party with a mandate (e.g. auditors)
    Court system
    Alternative dispute resolution (ADR) / Online dispute resolution (ODR)
    Succinct description of the type of Enforcement
    -

    Results of Commission Monitoring

    Link / Reference of Evaluation
    -