Niveau juridique : Union européenne
Texte de la question :
« The EU has made significant strides in updating and harmonising intellectual property (IP) rights in the internal market, but no similar harmonisation effort has been made in terms of enforcement of these rights. To complete the internal market, it is essential and urgent to ensure that these rights are enforced in the same way across the EU.
Will the Commission propose a legislative initiative which would enable national enforcement authorities to apply measures that have a cross border effect on infringements of IP rights by digital services?
These could include, for example, expedited procedures to use evidence and recognise judgements from courts in other EU Member States. »
Réponse de Mr. Breton au nom de la Commission :
« Directive 2004/48/EC sets out measures, procedures and remedies necessary to ensure a high, equivalent and homogeneous level of enforcement of intellectual property (IP) rights in the internal market In November 2017, the Commission evaluated the Directive and concluded that it was still “fit for purpose although its application is not uniform across the EU”. Therefore, it provided guidance on its application. In the recently adopted IP Action Plan, the Commission announces that it will continue to monitor the application of the Directive. Additionally, the Commission committed to step up its efforts to fight against piracy in the recently adopted Media Action Plan. In particular, the Commission plans to engage in discussions with the industry to see how existing remedies, such as injunctions, can be made more efficient and easier to obtain and to foster the cooperation amongst national enforcement authorities and cross-border enforcement.In 2005, the Commission proposed the harmonisation of criminal-law provisions to combat infringements of IP rights. The proposal did not gather sufficient support in the Council and the Commission withdrew its proposal in 2010.With regard to expedited procedures to use evidence, Regulation 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters contains provisions allowing the cross-border enforcement of provisional, including protective, measures ordered by a court. The Regulation equally applies to the cross-border recognition and enforcement of judgments on the merits given in civil and commercial matters, including in cases dealing with intellectual property rights. »
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