European Economic
and Social Committee
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
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
Description
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 regulatees | Conduct regular visits and spot checks | Initiate complaints procedures | Maintain database of those bounded by the norms | Produce regular reports | Receive complaints and verify if norms were breached or not | Reflexive dialogue with the - stakeholders | Other | |
|---|---|---|---|---|---|---|---|---|
| European Commission | yes | |||||||
| National public authority | yes | |||||||
| 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 blaming | Judicial sanctions | Membership suspension/exclusion | Private fines | Other | |
|---|---|---|---|---|---|
| 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
-