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

Summary

Directive from the European Parliament and the Council of the European Union focused on the enforcement of intellectual property rights (IPR) within the EU. The directive emphasizes the importance of IPR for innovation, creativity, employment, and competitiveness in the Internal Market. It acknowledges that without effective enforcement, these benefits are undermined. The directive aims to harmonize the legal systems of EU Member States to ensure a consistent and high level of IPR protection, which is necessary for the smooth functioning of the Internal Market.

The document highlights that disparities in IPR enforcement across Member States lead to challenges like the fragmentation of the market, reduced investment in innovation, and increased IPR infringements, often linked to organized crime. The directive seeks to approximate legislation to address these issues, ensuring that the enforcement of IPR is robust and consistent across the EU. It also notes that the directive should not conflict with existing rules on competition, data protection, or electronic commerce.