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Friday, 15 April 2005

ENFORCEMENT: A CLARIFICATION


A Statement by the European Commission in the Official Journal of the European Union L 94/37 (13 April 2005) declares as follows:

STATEMENT BY THE COMMISSION concerning Article 2 of Directive 2004/48/EC of the European Parliament and of the Council on the enforcement of intellectual property rights (2005/295/EC)

Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (1) states in Article 2(1) that the Directive applies to any infringement of intellectual property rights as provided for by Community law and/or by the national law of the Member State concerned.

The Commission considers 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 IPKat notes that this list does not explicitly mention know-how, confidential information and trade secrets, the juridical nature of which is unclear -- but nor does it exclude them.

Enforcement directive here

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