Geography Reference
In-Depth Information
D. SANCTIONS BY MEMBER STATES
Chapter III of the Enforcement Directive envisages that Member States may
provide for enforcement which is beyond the power of the European Parlia-
ment. Thus Art 16 provides that 'without prejudice to the civil and administra-
tive measures, procedures and remedies laid down by this Directive, Member
States may apply other appropriate sanctions in cases where intellectual prop-
erty rights have been infringed'.
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Recital (28) to the Enforcement Directive explains that in addition to the civil
and administrative measures, procedures and remedies provided for under this
Directive, 'criminal sanctions also constitute, in appropriate cases, a means of
ensuring enforcement of intellectual property rights'.
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1. Codes of conduct and administrative cooperation
Article 17 of the Enforcement Directive requires Member States to encourage:
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(a) 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 …;
(b) the submission to the Commission of draft codes of conduct at national and
Community level and of any evaluations of the application of these codes of
conduct.
2. Assessment
Article 18(1) requires that three years after the date for implementation of the
Directive each Member State shall submit to the Commission a report on its
implementation and on the basis of those reports, the Commission shall draw
up a report assessing the effectiveness of the measures taken, as well as an
evaluation of its impact on innovation.
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This report was submitted by the Commission in December 2012.
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Although
it acknowledged an overall improvement of enforcement procedures in Europe,
it noted the alarming increase in IPR infringements, largely because of the
opportunities to infringe IPRs offered by the Internet. It observed that the
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44
Report from the Commission to the European Parliament, the Council, the European Economic and Social
Committee and the Committee of the Regions, Application of Directive 2004/48/EC of the European
Parliament and the Council of 29 April 2004 on the enforcement of intellectual property rights, COM(2010)
779 final, 22.12.2010.
