Commission clarifies Enforcement Directive

The Directive, which is designed to harmonise the remedies and procedures available to right holders throughout the EU, is due to come into force on 30th April 2006. However, it does not actually specify which rights fall within the scope of the new legislation, leaving some ambiguity for Member States who are preparing their own implementing laws.

The Commission has now issued a brief statement confirming that "at least the following intellectual property rights are covered by the scope of the Directive:

• copyright,
• rights related to copyright,
• sui generis right of a database maker,
• rights of the creator of the topographies of a semiconductor product,
• trade mark rights,
• design rights,
• patent rights, including rights derived from supplementary protection certificates, geographical indications,
• utility model rights,
• plant variety rights,
• trade names, in so far as these are protected as exclusive property rights in the national law concerned."

The Directive had a turbulent passage through the European legislative process.

Copyright owners and big businesses, which wished the legislation to be as tough as possible, vied with civil rights groups and smaller firms, who were concerned that strong legislation would restrict innovation and hurt SMEs.