Geography Reference
In-Depth Information
7.14
As was mentioned above, Recital (4) to the Enforcement Directive mentions
that all Member States, as well as the Community itself, are bound by the
TRIPS Agreement. This Agreement in Art 1(2) provides that for the purposes
of the Agreement, the term 'intellectual property' refers to all categories of
intellectual property 'that are the subject of Sections 1 through 7 of Part II'.
Section 2 deals with trade marks and section 3 with geographical indications.
Also Art 2(1) of the TRIPS Agreement obliges signatories to comply with Arts
1 to 12, and Art 19, of the Paris Convention, which includes the definition of
industrial property.
(b) Scope
Article 2(1) provides that without prejudice to the means which are or may be
provided for in Community or national legislation, in so far as those means may
be more favourable for right holders, the measures, procedures and remedies
provided for by the Directive shall apply, in accordance with Art 3, to any
infringement of IPRs as provided for by Community law and/or by the national
law of the Member State concerned.
7.15
7.16
These infringements would obviously include those under the European legis-
lation dealing with GIs and trade marks.
7.17
Article 2(3) provides that this Directive shall not affect:
(a)
the Community provisions governing the substantive law on intellectual
property, Directive 95/46/EC, 11 Directive 1999/93/EC 12 or Directive
2000/31/EC, in general, and Arts 12 to 15 of Directive 2000/31/EC 13 in
particular;
(b)
Member States' international obligations and notably the TRIPS Agree-
ment, including those relating to criminal procedures and penalties;
(c)
any national provisions in Member States relating to criminal procedures
or penalties in respect of infringement of IPRs.
11
Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of
individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281,
23/11/1995 pp. 31-50).
12
Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community
framework for electronic signatures (OJ L 13, 19.1.2000).
13
Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of
information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic
commerce') (OJ L 178, 17.07.2000, pp. 1-16).
 
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